ASHOK KUMAR MISHRA Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The writ petitioner (hereinafter to be referred to as 'petitioner') is a Judicial Officer and when dismissed from service vide impugned order dated 8th of March 2013 (Annexure 13), he was Additional District Judge (Fast Track Court). Through the medium of the instant writ petition, he seeks quashing of the order dated 8th of March 2013, inter alia, on several grounds as averred in the writ petition, which have been repudiated by respondent High Court of Jharkhand by filing a detailed counter affidavit. The career of the petitioner, as a Judicial Officer, started on 25 th of

(2.) November 1986 when he was appointed as Munsif and joined on the said post in the judgeship of Dhanbad. He was promoted first on the post of Sub Judge in the year 2001 and then promoted as Additional District Judge (Fast Track Court) in November 2003. While he was posted at Dhanbad, the then District & Sessions Judge, Dhanbad sent a report to the High Court on 17 th of May, 2008 with regard to certain orders passed by the petitioner, whereupon a show cause notice (Annexure 9/1) was given to the petitioner on 24.09.2008 to which he submitted his reply dated 10.10.2008. In the meantime, he was transferred to the post of Additional District Judge (FTC) at Sahibganj wherefrom he was transferred to Gumla to the post of Additional District Judge (FTC) vide order dated 05.03.2011, which was received by him on 08.03.2011. Vide Notification dated 05.03.2011, the Additional District & Sessions Judges/Additional Judicial Commissioners (including Spl. Judge)/Adhoc Additional District & Sessions Judges & Adhoc Additional Judicial Commissioners of the Fast Track Courts were transferred and directed to join their new place of posting by 01.04.2011 and accordingly, the petitioner handed over the charge of Additional District Judge (FTC) at Sahibganj on 28.03.2011.

(3.) It appears that taking cognizance of a news item published in daily newspaper (Hindustan) captioned as, "Judge Ne Ek Hye Din Liya Bayan, Sunee Bahas Aur Kiya Riha", a report was called from the District and Sessions Judge, Sahibganj by the High Court and the petitioner was put under suspension on 21.09.2011. Two departmental proceedings were initiated against him by serving a memo of charge on 23.11.2011; one relating to the incident when he was posted at Sahibganj that is, vide D.P. No.03/2011 and the other relating to his alleged misconduct committed in the year 2008 when he was posted at Dhanbad that is, vide D.P. No.04/2011. Simultaneously, ACRs for 2008 -09 and 2009 -10 with adverse remarks were also communicated to the petitioner. He submitted his written statement of defence on 01.12.2011 however, that was not accepted by the High Court and the departmental proceeding vide, D.P. No.3/2011 and D.P. No.04/2011 continued. The enquiry officer submitted the enquiry report in D.P. No.03/2011 on 14.03.2012 and in D.P. 4/2011 on 27.03.2012. In the aforesaid proceedings, second show -cause notice was issued to the petitioner on 15.05.2012 which was replied by him on 25.05.2012 and thereafter impugned order of "penalty of dismissal from service" was passed on 08.03.2013.