Amar Singh vs State And Ors

Headnote AI-drafted · Editorially reviewed

The petitioner, an Additional District and Sessions Judge posted at Sangaria, challenged the punishment of compulsory retirement imposed upon him by order dated 18th September 2015 passed by the Governor of Rajasthan. The disciplinary proceedings arose out of allegations that the petitioner had entertained a second bail petition and granted bail to an accused facing a murder trial, despite knowledge that the High Court had dismissed an earlier bail application filed by the same accused and that a transfer petition in respect of the sessions case was pending before the High Court.

Two charges were framed against the petitioner in the departmental inquiry: first, that he granted bail to the accused within three weeks of dismissal of the High Court bail application while a transfer petition was pending; and second, that he malafidely and for extraneous reasons granted bail despite no substantial change in circumstances. The Inquiry Judge held the first charge proved but found the second charge of malafide and extraneous considerations unsubstantiated. Notwithstanding, the disciplinary authority imposed the punishment of compulsory retirement.

The petitioner raised multiple grounds challenging the disciplinary proceedings, including the alleged impropriety of the preliminary inquiry conducted by the Registrar (Vigilance) behind his back, non-compliance with Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958, and the disproportionality of the punishment, particularly given that the charge of extraneous considerations was not proved. The Division Bench of the Rajasthan High Court at Jodhpur considered these contentions in its reserved judgment pronounced on 14th November 2024.

Catchwords: compulsory retirement judicial officer departmental inquiry bail granted by sessions judge second bail application High Court bail dismissed transfer petition pending gross misconduct judicial indiscipline extraneous considerations charge not proved preliminary inquiry Rajasthan Civil Services Rules 1958 proportionality of punishment disciplinary proceedings against judicial officer