PATNA, India, Feb. 25 -- Patna High Court issued the following judgment on Jan. 26:

1. This writ petition has been filed by Rakesh Kumar Roy with the following prayer:-

"i. For issuance of a writ in the nature of Certiorari or any other writ, order or direction for quashing the Notification of the General Administration Department, Govt. of Bihar contained in Memo No. 7593 dated 04.06.19 (Annexure 17) whereby and whereunder in terms of the recommendation of the Hon'ble Patna High Court the Petitioner has been dismissed from the Post of Judicial Magistrate 1st Class-cum-Additional Munsif, Darbhanga.

ii. For issuance of a writ in the nature of certiorari or any other writ, order or direction for quashing the resolution dated 10th March 2019 taken by the Hon'ble Standing Committee of the Hon'ble Patna High Court (Annexure 14) whereby and whereunder the Full Court dismissed the Petitioner from services and directed the Registrar General to lodge an F.I.R under the Prevention of Corruption Act, 1988.

iii. For issuance of a writ in the nature of certiorari or any other writ, order or direction for quashing the entire disciplinary proceeding arising out of Departmental Enquiry No. 01/2016 (including the inquiry report, and consequential orders passed pursuant thereto, etc.).

iv. For issuance of a writ in the nature of certiorari or any other writ, order or direction for quashing the F.I.R. and consequential criminal proceedings arising out of Complaint filed by the Registrar General pursuant to the impugned order of ismissal.

v. For issuance of a writ of mandamus or any other writ order or direction commanding reinstatement of the Petitioner and for grant of all consequential benefits to which the Petitioner would be entitled to. vi. For issuance of any other writ or order(s) or direction(s) to which the Petitioner may be found entitled to by this Hon'ble Court in the facts and circumstances of the case."

2. This Court initiated a departmental proceeding against the petitioner, who was then posted as Judicial Magistrate, First Class, Darbhanga and the articles of charge were served upon the petitioner vide Memo No. 6262/2016/Legal Cell, dated 28.01.2016, issued by Court, which are as follows:

i. Charge No.1 is connected with S.B.Account No. 30319819595 in the name of delinquent regarding 58 entries of total amount valued of Rs.50,91,214/- [(fifty lacs ninety one thousand two hundred forteen) (detailed in Annexure II at pages 5 and 6 of File 'A')].

ii. Charge No. 2 is connected with Account No. 10157028842 in the name of Sri Lal Bahadur Rai, father of delinquent regarding six entries of total amount valued of Rs.73,600/- [(seventy three thousand six hundred) (detailed in Annexure II at page 7 File 'A')].

iii. Charge No. 3 is connected with Account No. 30582059004 in the name of Smt. Rajbala Rashmi, W/O the delinquent, regarding 281 entries of total amount valued of Rs.65,28,306/- [(sixty five lacs twenty eight thousand three hundred six) (detailed in Annexure II at pages 8 to 17 of File 'A')].

iv. Charge No. 4 is that of amount of Rs.2,40,000/- was debited from the account of the wife of the delinquent on the same day i.e. 29.8.2012 with an intention to cover up the illegal monetary gains deposited in the account of the wife of the delinquent and also concocted a story of sale of his car for Rs.1,00,000/- to one Sanjay Kumar.

v. Charge No. 5 is that Sri Ram Dayal Paswan, father-in-law of the delinquent had deposited amount regularly in the Saving Bank Account of State Bank of India of the delinquent and his wife which is not a usual practice in the normal social life and is highly unbelievable.

*Rest of the document can be viewed at: (https://patnahighcourt.gov.in/viewjudgment/MTUjNzg1MyMyMDI1IzEjTg==-WR3oKCCNR00=)

Disclaimer: Curated by HT Syndication.