VIRENDER SINGH, SHREE CHANDRASHEKHAR, J. - (1.) C.A.V. on : 25.02.2016 Pronounced On: 18/03/2016 Seeking reinstatement in service with all consequential benefits including, payment of back -wages, the petitioner who was compulsorily retired from service, has knocked the door of this Court seeking quashing of order of compulsory retirement contained in Memo dated 19.01.2012.
(2.) The factual matrix of the case are noticed hereunder; The petitioner, who was appointed as temporary Munsif on 15.05.1989, was confirmed in service on 11.02.1994. While posted as Judicial Magistrate Ist Class, Ranchi, he was issued a charge -memo dated 25.04.2008, on the allegation that he demanded Rs. 5,000,00/ - through his peon namely, Bibhuti Kumar for granting bail to one Janab Salim Ali who was an accused in Complaint Case No. 717 of 2003, and since the said amount was not paid to his peon he dismissed the bail application on 12.09.2007. In the complaint petition which was registered as C. Case No. 717 of 2003, Chief Judicial Magistrate took cognizance of the offence on 06.11.2003, against which the accused persons preferred Cr.M.P. No. 1413 of 2003 under Section 482 of the Cr.P.C. The Quash petition was finally dismissed by the High Court on 02.05.2007 and the accused Janab Salim Ali was arrested on 11.09.2007. The bail application preferred by the said accused, after the petitioner rejected his prayer for bail, was subsequently dismissed by A.J.C. also vide, order dated 19.09.2007. In the meantime, the petitioner was put under suspension on 13.09.2007 and as noticed above, a charge -memo was served upon him on 25.04.2008, to which the petitioner responded by filing his reply on 17.06.2008. During the departmental enquiry, five witnesses including, the learned Judicial Commissioner and son of the accused namely, Haider Ali were examined in support of the charges framed against the petitioner. The petitioner did not examine any witness however, he produced documentary evidence in his defence. The petitioner submitted his final defence on 08.01.2010 and, the enquiry officer submitted the report on 22.02.2010. The second show -cause notice dated 24.09.2010 was replied by the petitioner on 13.10.2010 and the order of compulsory retirement was passed on 20.10.2011 which was forwarded to the Government. The Government however, called for the complete record of the case. It appears that the High Court sent a second recommendation for compulsory retirement on 28.11.2011 and finally, the impugned order contained in Memo dated 19.01.2012 was issued by the order of the Governor of Jharkhand. It is stated that two criminal cases were instituted separately, against Haider Ali and Bibhuti Kumar however, Haider Ali was acquitted from the criminal charges in Special Case No. 16(A) of 2007 vide, order dated 23.02.2015 and, Bibhuti Kumar who was accused in Special Case No. 16 of 2007 was acquitted vide, order dated 27.02.2015.
(3.) Heard the learned counsel for the parties and perused the documents on record. CONTENTIONS : ;