Ajit Singh, J. - (1.) DURING the pendency of this petition the original petitioner/delinquent employee has died and the case is being perused by his legal representatives. The prayer of delinquent employee is that order dated 23.11.2002 by which his entire pension stands forfeited by way of punishment be quashed.
(2.) THE delinquent employee was a member of Higher Judicial Services. And at the relevant time he was posted as Special Judge, SC/ST Court, Pratapgarh. On 04.06.1996, Gopal and Kaluram, who are brothers, were going on a motor -cycle and seeing the police they left the motor -cycle and fled. The police reached the spot and seized 7 kilogram opium from the motor -cycle. Thereafter, the police arrested Kamal and Shantilal and filed charge -sheet against them in the Court of Sessions Judge, Pratapgarh. In the charge -sheet, Gopal and Kaluram were shown as absconders. The matter was registered as case No. 72/1996; State Vs. Kamal Singh & Ors. for offence under Section 8/18 of the Narcotics Durgs and Psychotropic Substances Act, 1985 (in short 'NDPS' Act) and it was pending in the Court of Sessions Judge, Pratapgarh. Gopal was later arrested and then, released on bail by the Sessions Judge, Pratapgrah vide order dated 15.12.1998. On 14.06.1999, Kaluram surrendered before the Court of Special Judge, SC/ST Cases, Pratapgarh Camp at Chittorgarh presided over by the delinquent employee. On the same day, Kaluram applied for bail and original record was called for from Pratapgrah for hearing on the next date i.e. 15.06.1999. And on 15.06.1999, the delinquent employee ordered for release of Kaluram on bail. After the passing of bail order of Kaluram, some complaints were made against the delinqeunt employee. The cognizance of complaints were taken and a preliminary enquiry was held. The Administrative Judge having regard to the prima facie material brought on record against the delinquent employee for dereliction of duty in judicial dishonesty while granting bail to Kaluram, directed that an enquiry under Section 16 of the Rajasthan Civil Services (Classification, Control and Appeals Rules), 1958 (in short 'CCA Rules, 1958') be initiated. This the Administrative Judge did vide order dated 28.9.1999. Thereafter, Hon'ble The Chief Justice vide order dated 02.11.1999 nominated a sitting High Court Judge to hold an enquiry.
(3.) STATEMENT of allegations and the charges were, therefore, framed against the delinquent employee and the same were supplied to him vide memorandum dated 15.01.2000. The two charges framed against the delinquent employee were these: - "1. Statement of Charge No. 1 Shri K.L. Yaduvanshi, Special Judge, SC/ST Court, Pratapgarh Camp at Chittorgarh entertained an application for bail moved by accused Kalurama proclaimed offender, in Case No. 72/96 under Section 8/18 of the NDPS Act State V/s Kamal Kant Sharma Singh and remanded him to judicial custody upto 2.7.1999 with a direction to produce him before the District & Sessions Judge, Pratapgarh, yet he requisitioned the record from the Court of District & Sessions Judge, Pratapgarh, yet he requisitioned the record from the Court of District & Sessions Judge, Pratapgarh for 15.6.1999 through special messenger, and on the date, without giving notice of the bail application to the concerned P.P. attached to the Court of NDPS Cases, Pratapgarh, enlarged accused Kaluramon bail. He thus acting in hasty manner showed undue favour to Kalu Ram. This act casts shadow on his reputation for integrity and devotion to duty. Shri Yaduvanshi was actuated with corrupt motive and has thus misconducted himself in the discharge of his duties. 2. Statement of Charge No. 2. Shri Yaduvanshi while functioning as Special Judge, SC/ST Cases, Pratapgarh, Camp Chittorgarh did not give the notice of the bail application filed by Shri Kalu Ram, to the P.P. attached to Court of NDPS Cases, Pratapgarh and decided the said bail application without hearing the P.P. of the Court. He thus ignored the express provisions of Section 37, NDPS Act.";