S.N.Variava, A.R.Lakshmanan, S.H.Kapadia - (1.) -Having perused the papers sent by the High Court, we find that certain additional papers are required and the following queries are required to be answered by the High Court : The meeting of the standing committee was held on 22.6.2005 when the matter of Shri Muni Lal Paswan appears to have been considered for appointment as Special Judge. There were three vacancies arising on that date. On that date, special Judges were required to be appointed at Patna for C.B.I. (Fodder Scam Cases), C.B.I. (South Bihar) and Vigilance Cases, in place of Shri Yogendra Prasad, Shri Mungeshwar Sahoo and Shri Jitendra Mohan Sharma. In the meeting of the standing committee held on 22.6.2005, three persons were appointed to fill in all the above positions, namely, Shri Muni Lal Paswan, A.D.J. who was posted as Special Judge for C.B.I. (Fodder Scam Cases) at Patna, Shri J. P. Ratnesh, A.D.J., Patna, who was posted as Special Judge, C.B.I. (South Bihar) and Shri Ram Niwas Prasad, A.D.J., Patna was posted as Special Judge for Vigilance Cases. The names of Shri Ratnesh and Shri Ram Niwas Prasad find place in the submissions of the Joint Registrar dated 20.6.2005. The list placed by the Joint Registrar vide his submissions dated 20.6.2005, consisted of 10 A.D.Js. including Shri Ratnesh and Shri Ram Niwas Prasad. In that list, the name of Shri Muni Lal Paswan is not mentioned. The names of 10 A.D.Js. are reproduced hereinbelow : (1) Shri Bharat Prasad Yadav (2) Shri Ramanand Sharma (3) Shri Jayant Kumar Sen (4) Shri Jawahar Prasad Ratnesh (5) Shri Ram Niwas Prasad (6) Shri Kumar Vijay Singh (7) Shri Prem Kumar Rai (8) Shri Janardan Prasad Sinha (9) Shri Hira Lal Singh (10) Shri Ram Pravesh Sharma.
(2.) IN these circumstances, the High Court is required to explain how and on what basis the name of Shri Muni Lal Paswan came to be considered by the Standing Committee when in the submissions of the Joint Registrar the name of Shri Muni Lal Paswan is not recommended or suggested. Consequently, the High Court is requested to give details of the places and the postings where the remaining A.D.Js. were posted. Shri Muni Lal Paswan was promoted as Additional District and Sessions Judge in the Fast Track Court and he joined in Gopalganj as Presiding Officer, Additional Court on 7.2.2002. This Court would like to see the confidential records of Shri Muni Lal Paswan as A.D.J. from 7.2.2002 which do not find place in the record produced before us. Similarly, the Court would like to examine the confidential records of each of the A.D.Js. whose names appear in the submissions of the Joint Registrar dated 20.6.2005.
(3.) THE High Court is also requested to forward to this Court the remarks of the Inspecting Judges and the remarks of the District Judges concerning Shri Muni Lal Paswan at the time when he was promoted as A.D.J. on 7.2.2002, which are not on record although in all other cases such remarks do appear. Shri Muni Lal Paswan was promoted on 7.2.2002 as A.D.J. This Court would like to see the gradation awarded by the Standing Committee when Shri Muni Lal Paswan was promoted to the post of A.D.J. In all other cases, the High Court has awarded the gradation except in the case of Shri Muni Lal Paswan.;