Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1956-Rule 3-Misconduct UP. Government Servants Conduct Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | UP. Government Servants Conduct Rules, 1956-Rule 3-Misconduct by Addl. District & Sessions Judge in grant of bail-Two of three accused in a case granted bail by High Court-Third one, continuing in custody after three of his bail applications were rejected, granted bail on fourth application-On a complainant that Judge had accepted illegal gratification for grant of bail, enquiry conducted by High Court, though finding no - evidence thereof, concluded that grant of bail was in utter disregard of judicial norms-Full Court imposing major punishment of withholding two annual increments-On a writ petition of Judge against it, High Court substituting that punishment with reduction in rank to next below- .._ Correctness of-Judge was well within his right to grant bail in discharge t of his judicial functions, especially as there was no statutory bar-Disciplinary proceedings by High Court for passing such an order would adversely affect morale of subordinate judiciary-It was more so as the proceedings were based solely on a complaint, contents of which were not believed by High Court to be true, and there were no strong grounds suspecting judge's bona fides or order itself being actuated by malice, bias or illegality-Though in previous bail applications many of contentions of accused were considered, but he had right to file bail application at any stage as an under-trial prisoner, and fact that two other accused had already been enlarged on bail ).._., was a valid reason for granting bail to him, more so when he had been in jail for one year and charge-sheet had already been filed-It was noteworthy that neither State nor complainant appealed against grant of bail, and State had not alleged he was likely to abuse it or abscond-Cognizance of fact that Magistrate who recorded dying declaration was once tenant of complainant was not totally unwarranted and a superfluous reasoning, and fact that case was of daylight murder wherein two persons died was not adequate to reject bail-Punishment imposed found to be draconian and H unjust especially as confidential reports of the Judge indicated that his integrity and honesty had never been doubted-Matter remitted to Full Court to consider afresh question of imposition punishment |
Judge | Honble Mr. Justice K.G. Balakrishnan |
Neutral Citation | 2007 INSC 207 |
Petitioner | Ramesh Chander Singh |
Respondent | High Court Of Allahabad And Anr |
SCR | [2007] 3 S.C.R. 198 |
Judgement Date | 2007-02-26 |
Case Number | 2015 |
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