3 Judicial Officers Dismissed From Service By Bihar Government For Their Improper Conduct

The Bihar State Government has issued a notification on Monday (21st December) notifying the dismissals of three Judicial Officers of lower judiciary from service, for their highly objectionable and improper conduct. As per the report of Times of India, the three were allegedly caught in compromising position with women inside a hotel in Nepal in January, 2013. Nepali daily 'Udgosh' had flagged in a report on January 29 last year that a police raid in Biratnagar's Metro hotel found these officers in 'indecent positions' with several Nepali women. The 3 Judges who have been dismissed from service are:- Hari Niwas Gupta - then a Principal Judge of a family court in Samastipur Komal Ram – then Chief Judicial Magistrate in Araria and Jitendra Nath Singh – then posted as ad hoc Additional District and Sessions Judge in Araria. It may be noted that their dismissal from service will be effective from 12th February, 2014 and they will not be eligible to get their salaries, any kind of allowances or pensions. 12th February, 2014, is the date when the state government had taken action against them for the first time on the recommendation of the Patna high court without any disciplinary inquiry. Chronology of events The matter was highlighted by a Nepal based newspaper on 29th January, 2013 and it was mentioned that the three judges were caught inside a hotel in compromising position with women by Nepal police, but were later released somehow. Based on the News Paper report, the Patna high court took cognizance of the matter and an inquiry into the matter was made by Purnia District and Sessions Judge. The report which was submitted to the High Court stated that the Nepalese newspaper published corrigendum (apology for their report), however, the High Court went ahead and sought Union Ministry of Home Affair's assistance in the matter. The MHA's inquiry concluded that the three Judges were present at Forbesganj, which is on the Indian side near Nepal border, instead of the places of their posting. It was also found in the inquiry that prior to location traced at Forbesganj, their cell phones were switched off for a long time on January 26-27, 2013. It also came to light that Judge Komal Ram had submitted a forged bill of a hotel for stay in Purnia on January 26-27. Thereafter, the High Court made recommendation to the government for dismissing them and action was taken on 12th February, 2014. Pursuant to their dismissal, they challenged their dismissal before the Patna High Court on the ground that no disciplinary action was initiated against them but they were dismissed from service. Setting aside their dismissals, the Patna High Court held that in case the High Court has to invoke its power under Sub clause (b) of 2nd Proviso to Article 311 (2) of the Constitution of India, then it shall be obligatory to record reasons, at the appropriate stage and follow the prescribed procedure. Thereafter, the Chief Justice of Patna HC constituted 5 Judges Committee which submitted its report on 03rd August 2015 and in light of this report, on 07th August 2015, which recommended their dismissals from service. In the meantime, the judicial officers moved the Apex Court contending that they could not be dismissed from service without holding disciplinary inquiry. The SC had, in 2015 stayed the proceedings against them restraining the state government from acting on the recommendation. However, last year, the bench of Justices Indu Malhotra and and Sanjiv Khanna dismissed their plea and upheld the HC verdict and vacated the stay. The ruling, in effect, allowed the state government to take a decision on the High Court's recommendation and it was also made clear that the 3 Judges could challenge the dismissal orders, once an order is passed by the state government. Lastly, on Thursday (17th December) Bihar Government issued this notification dismissing them from service. [With inputs from 'The Times Of India' reports]Click Here To Download Bihar Government's NotificationRead Bihar Government's Notification

3 Judicial Officers Dismissed From Service By Bihar Government For Their Improper Conduct

Sparsh Upadhyay

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