- (1.) The Court is compelled to undertake this unpleasant exercise as during the course of proceedings of the appeal it was found that Km. Farah Matloob, the then Chief Judicial Magistrate, Saharanpur in flagrant violation of the Court's order dated 12.2.2014 and without following the normal practice of the subordinate Court has granted bail to the appellant vide order dated 10.3.2014. The brief history of the case is that on 12.2.2014 due to non-appearance of the Counsel for the appellant in the Court even on revised call of the case, following order was passed: "Case has been taken up in the revised list. Counsel for the appellant is not present. In compliance of the order of the Court dated 22.4.2013 the Chief Judicial Magistrate, Saharanpur vide report dated 12.2.2013 has reported that Appellant No. 2 Ramji Das has died, therefore, the appeal of Appellant No. 2 abates. Since Counsel for the appellant is not present, therefore, issue non-bailable warrant of arrest against Appellant No. 1. In the event of arrest of Appellant No. 1 he should be lodged in District Jail, Saharanpur under intimation to this Court. The compliance report be submitted positively within six weeks. Trial Court record has also not been received and the same be summoned at once. List thereafter."
(2.) On 26.3.2014, following order was passed: "Sri Ajit Kumar Solanki, learned Counsel for the appellant submits that he has filed parcha in the registry on 24.3.2014 but his name is not printed in the cause list. Supplementary affidavit filed today is taken on record. In paras 5 and 6 of the supplementary affidavit, it is averred that pursuant to order of this Court dated 12.2.2014, appellant No. 1-Bharat Bhushan was arrested by the local police on 10.3.2014 and produced before the C.J.M., Saharanpur, who has released him on bail the same day. It has been averred that the applicant is not getting answer to his questionnaire filed on 21.3.2014 from the Court of C.J.M. The order of this Court dated 12.2.2014 states that in the event of arrest of the appellant No. 1, he was to be lodged in District Jail, Saharanpur under intimation of this Court and the compliance report was to be submitted positively within six weeks. No compliance report has been received so far. There was no order for the Chief Judicial Magistrate that he would grant bail to the appellant No. 1 after his surrender in the Court or being produced by the police in custody. In these circumstances, the Chief Judicial Magistrate, Saharanpur is directed to explain his conduct and to show cause why appropriate action be not recommended against him for non-compliance of the Court's order dated 12.2.2014. The C.J.M. would specifically submit reply on affidavit on the contents of para. Nos. 5 and 6 of the supplementary affidavit filed by Nitin Rajpal son of the appellant No. 1. Copy of the affidavit be sent to the Chief Judicial Magistrate for compliance. Further, the Chief Judicial Magistrate is directed to produce attested copy of the G.D. dated 10.3.2014 pertaining to police station - Janakpuri, District- Saharanpur as also the police report, the remand papers regarding the custody and bail of the appellant. Compliance report be submitted by the Chief Judicial Magistrate by appearing in person in the Court on 22.4.2014. The appellant No. 1 would also appear in person on that date. List on 22.4.2014. Let copy of this order be sent to the Chief Judicial Magistrate, Saharanpur through FAX as well as by registered post within three days."
(3.) In the annual transfer of 2014, Km. Farah Matloob was locally shifted as Judge Small Causes Court, so on 22.4.2014 along with her the new incumbent in the Court of Chief Judicial Magistrate, Saharanpur - Smt. Neetu Pathak also appeared in the Court filed their respective affidavits in compliance with the order dated 26.3.2014 and after hearing them and parties' Counsel, following order was passed: "In compliance with the order dated 26.3.2014 Km. Farah Matloob, the then Chief Judicial Magistrate, Saharanpur (presently Judge Small Causes Court, Saharanpur), Smt. Neetu Pathak, present Chief Judicial Magistrate, Saharanpur and the appellant No. 1 are present in person. Both the lady officers have filed their respective affidavits, which are taken on record. In her affidavit Km. Farah Matloob has admitted that on 10.3.2014 appellant Bharat Bhushan was produced in her Court by police of P.S. Janakpuri, Saharanpur after his arrest on non-bailable warrant issued by this Court and she had granted him bail the same day. She has tendered unconditional apology stating that she has 10 years' of unblemished service career as judicial officer. On 26.3.2014 supplementary affidavit was filed by Nitin Rajpal son of appellant No. 1 which was taken on record. Calling for an explanation of the Chief Judicial Magistrate for releasing the appellant on bail in defiance of the order of the Court dated 12.2.2014 the C.J.M. was directed to submit reply of paragraphs 5 and 6 of the supplementary affidavit and it was further directed that copy of the affidavit be sent to the Chief Judicial Magistrate for compliance. The said affidavit is not on record. On perusal of the record it is found that the C.J.M. Saharanpur vide letter dated 29.3.2014 has written a letter to Section Officer (Criminal Section) of the Court stating that she had not received the copy of the supplementary affidavit and the same be sent to her for filing reply. It appears that office has sent the original supplementary affidavit to the Chief Judicial Magistrate, Saharanpur. It is highly objectionable because there was no direction of the Court to send original affidavit to Chief Judicial Magistrate, Saharanpur. In these circumstances no order about the misconduct of the Chief Judicial Magistrate in releasing the Appellant No. 1 on bail is being passed. Suffice it to say that Chief Judicial Magistrate has illegally granted bail to Appellant No. 1, therefore, she is directed to show cause within 10 days as to why the bail granted to him by the Chief Judicial Magistrate, Saharanpur on 10.3.2014 be not cancelled. The office is directed to call back the original supplementary affidavit of Navin Rajpal from the office of the Chief Judicial Magistrate, Saharanpur immediately, which should be sent to the Court through special messenger immediately. Since the order dated 10.3.2014 was passed by Km. Farah Matloob who has now taken over as Judge, Small Causes Court, Saharanpur on 15.4.2014 and she had been succeeded by Smt. Neetu Pathak, therefore, presence of Smt. Pathak was not required at all. The future attendance of the aforesaid Judicial Officers is exempted till further orders. Km. Farah Matloob would be represented by Sri Sudhir Mehrotra, Special Counsel of the Allahabad High Court till final order is passed about her misconduct. List on 6.5.2014 as first case of daily cause list.";