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State Of Rajasthan And Anr vs Mohammed Ayub Naz on 3 January, 2006

2. The appellant while posted as a Chief Judicial Magistrate Signature Not Verified granted acquittal to the accused on 17.09.2007 in Criminal Case Digitally signed by MEENAKSHI KOHLI Date: 2019.12.10 16:44:06 IST Reason: No.4670 of 2005 “State vs. Mohd. Ayub” under Sections 467, 468, 1 471, 474, 420, 406 and 120B of the Indian Penal Code. A complaint was lodged against the appellant with regard to the acquittal. After calling for comments from the appellant, and perusing the judgement and the order of reversal in appeal, the Administrative Judge on 24.02.2009 recommended an enquiry. A vigilance enquiry, V.B. Enquiry No.26/2009, was held by the OSD, Enquiry, High Court of Allahabad. The enquiry report dated 10.05.2012 was adverse to the appellant. His comments were called for on 28.06.2012. On 20.12.2012, the appellant was informed that on basis of the enquiry, a censure entry had been recorded in his character roll. The order of punishment was accepted by the appellant without any challenge. On 01.04.2016, a committee of three Hon’ble Judges constituted for screening of judicial officers for compulsorily retirement under the Rules recommended the compulsory retirement of the appellant which was endorsed by the Full Court on 14.04.2016 leading to the impugned order of compulsory retirement. The challenge laid out by the appellant to his order of retirement before the High Court was unsuccessful and thus the present appeal.
Supreme Court of India Cites 5 - Cited by 164 - A R Lakshmanan - Full Document

Baikuntha Nath Das And Anr vs Chief Distt. Medical Officer, Baripada ... on 19 February, 1992

4. Learned counsel for the respondent contended that the adverse remarks against the appellant for the year 1996­97 was never expunged as the explanation furnished was not found satisfactory by the District Judge which was informed to the appellant on 12.10.1998. His disposal was also found to be inadequate in subsequent years. The complaint against the appellant for granting acquittal was examined at several levels before the impugned action followed. The appellant never questioned the punishment of censure in connection with the very same order of acquittal. The entire 4 service record of the appellant was considered by the Screening Committee and again by the Full Court. The fact that the appellant may have been promoted subsequently is irrelevant for the purpose of consideration of compulsory retirement. Reliance in support of the submissions was placed on Baikuntha Nath Das (supra); Union of India & Ors. vs. K.K. Dhawan, (1993) 2 SCC 56; Union of India & Ors. vs. Duli Chand, (2006) 5 SCC 680; Nawal Singh vs. State of U.P. and Another, (2003) 8 SCC 117; Pyare Mohan Lal vs. State of Jharkhand and Ors., (2010) 10 SCC 693; R.C. Chandel vs. High Court of M.P. and Anr., (2012) 8 SCC 58, and Punjab State Power Corpn. Ltd. and Ors. vs. Hari Kishan Verma, (2015) 13 SCC 156.
Supreme Court of India Cites 14 - Cited by 579 - B P Reddy - Full Document

Nawal Singh vs State Of U.P. & Another on 23 September, 2003

4. Learned counsel for the respondent contended that the adverse remarks against the appellant for the year 1996­97 was never expunged as the explanation furnished was not found satisfactory by the District Judge which was informed to the appellant on 12.10.1998. His disposal was also found to be inadequate in subsequent years. The complaint against the appellant for granting acquittal was examined at several levels before the impugned action followed. The appellant never questioned the punishment of censure in connection with the very same order of acquittal. The entire 4 service record of the appellant was considered by the Screening Committee and again by the Full Court. The fact that the appellant may have been promoted subsequently is irrelevant for the purpose of consideration of compulsory retirement. Reliance in support of the submissions was placed on Baikuntha Nath Das (supra); Union of India & Ors. vs. K.K. Dhawan, (1993) 2 SCC 56; Union of India & Ors. vs. Duli Chand, (2006) 5 SCC 680; Nawal Singh vs. State of U.P. and Another, (2003) 8 SCC 117; Pyare Mohan Lal vs. State of Jharkhand and Ors., (2010) 10 SCC 693; R.C. Chandel vs. High Court of M.P. and Anr., (2012) 8 SCC 58, and Punjab State Power Corpn. Ltd. and Ors. vs. Hari Kishan Verma, (2015) 13 SCC 156.
Supreme Court of India Cites 17 - Cited by 73 - Full Document

R.C. Chandel vs High Court Of M.P. & Anr on 8 August, 2012

4. Learned counsel for the respondent contended that the adverse remarks against the appellant for the year 1996­97 was never expunged as the explanation furnished was not found satisfactory by the District Judge which was informed to the appellant on 12.10.1998. His disposal was also found to be inadequate in subsequent years. The complaint against the appellant for granting acquittal was examined at several levels before the impugned action followed. The appellant never questioned the punishment of censure in connection with the very same order of acquittal. The entire 4 service record of the appellant was considered by the Screening Committee and again by the Full Court. The fact that the appellant may have been promoted subsequently is irrelevant for the purpose of consideration of compulsory retirement. Reliance in support of the submissions was placed on Baikuntha Nath Das (supra); Union of India & Ors. vs. K.K. Dhawan, (1993) 2 SCC 56; Union of India & Ors. vs. Duli Chand, (2006) 5 SCC 680; Nawal Singh vs. State of U.P. and Another, (2003) 8 SCC 117; Pyare Mohan Lal vs. State of Jharkhand and Ors., (2010) 10 SCC 693; R.C. Chandel vs. High Court of M.P. and Anr., (2012) 8 SCC 58, and Punjab State Power Corpn. Ltd. and Ors. vs. Hari Kishan Verma, (2015) 13 SCC 156.
Supreme Court of India Cites 13 - Cited by 50 - R M Lodha - Full Document

Punjab State Power Corpn. Ltd. vs Hari Kishan Verma on 27 March, 2015

4. Learned counsel for the respondent contended that the adverse remarks against the appellant for the year 1996­97 was never expunged as the explanation furnished was not found satisfactory by the District Judge which was informed to the appellant on 12.10.1998. His disposal was also found to be inadequate in subsequent years. The complaint against the appellant for granting acquittal was examined at several levels before the impugned action followed. The appellant never questioned the punishment of censure in connection with the very same order of acquittal. The entire 4 service record of the appellant was considered by the Screening Committee and again by the Full Court. The fact that the appellant may have been promoted subsequently is irrelevant for the purpose of consideration of compulsory retirement. Reliance in support of the submissions was placed on Baikuntha Nath Das (supra); Union of India & Ors. vs. K.K. Dhawan, (1993) 2 SCC 56; Union of India & Ors. vs. Duli Chand, (2006) 5 SCC 680; Nawal Singh vs. State of U.P. and Another, (2003) 8 SCC 117; Pyare Mohan Lal vs. State of Jharkhand and Ors., (2010) 10 SCC 693; R.C. Chandel vs. High Court of M.P. and Anr., (2012) 8 SCC 58, and Punjab State Power Corpn. Ltd. and Ors. vs. Hari Kishan Verma, (2015) 13 SCC 156.
Supreme Court - Daily Orders Cites 7 - Cited by 24 - D Misra - Full Document
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