MP High Court Sets Aside Order Holding A Judge Accused Of Misconduct

In KC Rajvani v. State of MP Law and Legislative Affairs & Anr, the Madhya Pradesh High Court set aside the order of the Disciplinary Authority against a former Judge accused of misconduct.
Furthermore, the order of his compulsory early retirement was also set aside.
The accused Judge was guilty of granting bail with a corrupt motive and for granting adjournments on unsubstantial grounds.
The contention of the petitioner was that the Authorities had earlier proposed to set-up a departmental enquiry against him, in which he was absolved of all charges.
However, this decision was later set aside when it reached before the Disciplinary Authority (DA).
The petitioner further contended that the DA erred in reversing the decision of the Enquiry Officer.
He contented that even after making various pleas, he was not included in personal hearings.
A Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishra noted that by merely looking at the order sheets, the validity of the adjournments cannot be questioned as various other factors guide them.
With regard to the other charge of granting bail with a corrupt motive, the Court observed that the same is based on the appellant's understanding of law rather than his corrupt intent.
The Court also expressed its disagreement with the order of the DA and held it to be erroneous.
With the above-mentioned observations, the Ld. Court set aside the order of the DA.
The Court held that the petitioner Judge would be entitled to 25% of the arrears of pay from the date of his compulsory early retirement.
Furthermore, the Court directed the respondents to rework the Petitioner's salary, his entitlements and retiral benefits as per the order.

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