- (1.) This writ petition is directed against the order passed by the competent/ disciplinary authority on 9th November, 2006 whereby the petitioner, a member of the U.P. Higher Judicial Servics, has been removed from the post of Additional District and Sessions Judge. The impugned order is the outcome of two charge sheets which were issued to the petitioner on 27.4.2004 and 21.11.2005. The second charge sheet was issued during the course of disciplinary proceedings in respect of allegations of misconduct during the enquiry of the first charge sheet.
(2.) The brief facts of the case are that the petitioner, at the relevant point of time, was posted as Additional District Judge, Mathura from the year 2001 up to the month of May, 2003 and the alleged charges relate to his service tenure while being posted as Additional District & Sessions Judge at Mathura. The petitioner was transferred to Gonda on 22.5.2003 when he was served with the first charge sheet in pursuance whereof, vide D.O. letter No. C-99/Cf(A)/2004 dated 4.5.2004, Hon'ble Mr. Justice O. P. Srivastava was nominated as the enquiry officer. The charge sheet was served on the petitioner alongwith relevant enclosures under the signatures of the Registrar. The charge sheet issued by the Court levelled three charges against the petitioner.
(3.) The first charge related to the grant of bail to one Sri Aidal in a double murder case on 22.9.2002 while posted as Additional Sessions Judge, Mathura allegedly in violation of all judicial norms and propriety. The second charge related to the acquittal of accused Pappu and others in Sessions Trial No. 422 of 1997 under Sections 308 IPC & 504 IPC allegedly without weighing the evidence on record and the third charge related to the demand of bribe of Rs. 70,000/- for passing an order in favour of one Dr. V.K. Singhal, who had instituted some civil proceedings in his court. The delinquent officer after service of first charge sheet submitted a detailed reply in the month of May, 2004 wherein he denied all the three above-mentioned charges. The enquiry judge thereafter proceeded to hold the enquiry on all the three charges with due participation of the petitioner. The petitioner participated in the enquiry proceedings and facilitated the enquiry judge to submit the enquiry report within a period of about ten months on 11.6.2005.;