RAJENDRA NATH SRIVASTAVA Vs. STATE OF UTTAR PRADESH
LAWS(ALL)-1997-5-180
HIGH COURT OF ALLAHABAD
Decided on May 30,1997

RAJENDRA NATH SRIVASTAVA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

B.M.LAL, J. - (1.) This petition under Articles 226/227 of the Constitution is directed against the order dated 17/04/1997 (Annexure 1) passed by the respondent No. 1 the State of U. P. through Secretary Appointment Department, Sachivalaya, Lucknow, whereby the services of petitioner who was a Judicial Officer functioning as a Magistrate, Ist Class in the State of U.P., have been terminated with immediate effect.
(2.) The termination order is based on the following grounds : 1. That the petitioner granted bail in Case Crime No. 59/93, State v. Phool Chand under Section 102/201, I.P.C. in exercise of powers purported to have been conferred by Section 437, Cr. P.C. whereas the offence was punishable with death or imprisonment for life. 2. That the petitioner rejected the request for releasing an aara machine for want of licence and proof of its renewal whereas relevant papers were there on the record, in Case Crime No. 37/93, Forest Department v. Ganga Prasad.
(3.) That the petitioner granted bail in Case Crime No. 105/93, State v. Jawahar, u/Ss. 376/342, I.P.C. which was triable exclusively by the Court of Sessions.;


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