Anil R. Dave JUDGMENT
Devinder Kumar Jain, J.
1. Leave granted.
2. This appeal, by special leave, is preferred by the Patna High Court, through its Registrar General, against the judgment and order dated 21st May, 2010, rendered by a Division Bench of the High Court in the writ petition filed by Respondent No. 1. In the said writ petition the first Respondent had challenged the decision of the Full Court recommending his removal from service as a Railway Judicial Magistrate. By the impugned judgment, the notification/communication dismissing him from service has been set aside with a consequential declaration that the said Respondent shall be reinstated and paid 40% of his back wages as compensation. He has also been granted liberty to make representation to the High Court regarding the balance 60% of his back wages.
3. The first Respondent in this appeal was appointed in Bihar Judicial Service on 29th March 1986, in the cadre of Munsif. In October, 1999, he was functioning as a Railway Judicial Magistrate, Barauni Dist., Begusarai. On receipt of some reports, alleging misconduct on the part of the said Respondent, the District and Sessions Judge conducted a preliminary inquiry. Upon consideration of his report, the Standing Committee, consisting of five Judges of the High Court, issued a show cause notice to Respondent No. 1. Dissatisfied with his reply, the Standing Committee recommended initiation of departmental proceedings against him and to place him under suspension. The said recommendation was subsequently approved by the Full Court.
4. The Enquiry Officer, framed four charges against the Respondent. However, in his final report, he found the following two charges as proved:
Charge - II
You Sri Pandey Gajendra Prasad while functioning as Railway Judicial Magistrate, Barauni granted bail to accused Ajay Kumar Yadav on 26.11.99 in Rail P.S. Case No. 64/99 (G.R. No. 2400/99) initially registered Under Section 47 (A) of the Excise Act for illegal possession of several packets of Ganja not- with-standing the fact that recovery of Ganja falls under N.D.P.S. Act and even before the release of Ajay Kumar Yadav a petition was filed on behalf of prosecution on 4.12.99, to add Section 17, 18 and 22 of N.D.P.S. Act, but instead of passing any order on the said petition you entertained bail application of another accused namely Ram Kishore Kusbaha and on 9.12.99 allowed him bail and thereafter on 16.12.99 accepted bail bonds of both the accused persons and released them on bail.
The grant of bail in N.D.P.S. Act by a Judicial Magistrate is without jurisdiction raising the presumption of extraneous consideration.
Your aforesaid act of granting bail to accused under N.D.P.S. Act indicates that the bail was granted for consideration other than Judicial which tantamount to Judicial indiscipline, gross misconduct, improper exercise of Judicial discretion and a conduct unbecoming of a Judicial Officer.
Charge - III
You Sri Pandey Gajendra Prasad while functioning as Railway Judicial Magistrate, Barauni granted bail to one Tara Devi alias Haseena Khatoon in Barauni Rail P.S. C........