R. M. Sahai, J. - (1.) A Judicial Officer selected as Judicial Magistrate in 1962 confirmed in 19o7 approached this Court for quashing of disciplinary proceedings and the inquiry report and in alternative for direction to State Government not to accept recommendation of this Court tor removing him from service Since during pendency of this petition the recommendation was accepted and petitioner was removed from service in 1982 he challenged the removal order by an amendment application which was allowed.
(2.) In 1975 while petitioner was posted at Sultanpur differences arose between him and District Judge resulting in his transfer. Against transfer order petitioner approached this court by way of writ petition which was dismissed limine. In the meantime the District Judge gave him adverse entry for 1975-76 against which petitioners representation was allowed in part. But since he had not handed over charge when he was transferred from Sultanpur and even when he gave charge it was not proper, he was given censure entry by this court. 11 May, 1977 petitioner filed an application for reviewing the order rejecting his representation for expunction of adverse entry for 1975-76 in full. This was rejected and a show-cause notice was given as to why another censure entry may not be awarded to him for making unwarranted allegations against the Administrative Judge in his review application. The petitioner tendered apology and the court taking lenient view did not take any action. But the things did not stop. And petitioner filed a writ petition against the order rejecting his review petition which again was dismissed at the admission stage. Another petition was tiled against award of censure entry which too was rejected summarily. Against these orders in last two petitions the petitioner approached Supreme Court by way of special leave petition. In these petitions allegations were made against the Chief Justice, which were denied in the counter-affidavit but were reiterated in rejoinder affidavit. Ultimately petitions were dismissed as withdrawn leaving it open to petitioner to make representation to this court, on administrative side regarding withholding of increments and crossing of efficiency bar. According to petitioner he got his leave petition dismissed as withdrawn because he had been promoted as Additional Chief Judicial Magistrate.
(3.) After three proceedings came to an end the Joint Registrar of this court submitted a note to the Chief Justice that as the court had been taking lenient view the petitioner became indiscreet and insubordination and indiscipline increased. He, therefore, proposed for taking action against him to curb growing indiscipline amongst members of subordinate judiciary. This was directed by the Chief Justice to be placed before Administrative Committee which passed a resolution on 8th December, 1979 for initiating disciplinary proceedings and appointed a Judge of this court as inquiry officer authorising him to frame charges, conduct enquiry and submit report. The inquiry officer initiated proceedings under Rule 3(2) of the U. P. Government Servants conduct Rules read with Rule 49 of U. P. Civil Services (Classification, Control and Appeal) Rules and framed two charges which read as under : "Firstly, that in the year, 1975 you filed a Civil Misc. Writ Petition No. 1576 of 1978, which was dismissed by the Division Bench of this court on 20-2-1978 against which you filed a Special Leave Petition No. 4584 of 1978 and in para 12 thereof you knowingly made a false allegation against Honble Mr. Satish Chandra, at present the Chief Justice of this Court, in the following words : He has developed personal animosity against the petitioner as the latter refused to toe his dictates inasmuch as the respondent No. 2 had desired the petitioner to give a favourable judgment in a case and as the petitioner refused to do so, the respondent No. 2 turned against the petitioner and went to the except of giving adverse entries for a period for which he was not entitled to write his (petitioners) confidential report." And thereby you committed an act of gross misbehaviour and indiscipline indictable under Rule 3(2) of the U. P. Government Servants Conduct Rules read with Rule 49 of the U. P. C. S. (C. C. A.) Rules. Secondly, that you filed a Writ Petition No. 2931 of 1975 in the Lucknow Bench of this court and in para 25 thereof you knowingly made a false allegation against Honble Mr. Justice Satish Chandra at present the Chief Justice of this Court, in the following words. "The Honble Administrative Judge further asked the petitioner to with drawl the said note, dated 27th of August, 1975 (Annexure-II) and intimate the fact of withdrawal to His Lordship through the learned District Judge, Sultanpur, before 15-9-1975 prior to the departure of His Lordship for tour." And that in another Writ Petition No. 2057 of 197.5 filed by you in this court you repeated the same false allegation in para 19 thereof against Honble Mr. Justice Satish Chandra, at present the Chief Justice of this court, in the following words : "That the Opposite Party No. 3 (the Chief Justice) had asked the petitioner on 9-9-1978 when the petitioner had called on him in connection with transfer of the petitioner from Sultanpur to Karvi, Banda to with drawl the aforesaid note, dated 27-8-1975 (Annexure-F) before 15-9-1975." And further that when you filed Special Leave Petition No. 4238 of 1978 in the Supreme Court against the order by which the aforesaid Writ Petition No. 2931 of 1975 was dismissed, you once again repeated the aforesaid false allegation in para 16 of the special leave petition. And you thereby repeatedly committed acts of gross misbehaviour and indiscipline, indictable under Rule 3(2) of U. P. Government Servants Conduct Rules read with Rule 49 of U. P. C. S. (C. GA.) Rules.";