Upholding the dismissal of an Additional District Judge facing corruption allegations, the Madhya Pradesh High Court said that the post “comes with a great responsibility and he was under obligation to conduct himself in a manner befitting the post held by him.”
The bench of Acting Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf said on July 25 that judicial officer Nirbhay Singh Suliya “was under duty to conduct the proceedings of bail applications in conformity with the provisions of law. He extended the benefit of bail to some applicants relying on the pronouncement of the HC and refused to grant bail to others without considering those pronouncements.”
Noting that various cases against him were examined “meticulously” by inquiring authority, the HC said, “In some of the cases bail was granted in a liberal manner without considering relevant provisions whereas in most of the cases, the same approach was not adopted which amounts to application of double standard.”
On August 12, 2011, a complaint was filed accusing Suliya of indulging in corruption with the support of one stenographer in deciding bail applications arising out of the offences under Section 34(2) of the Madhya Pradesh Excise Act.
It was alleged that Suliya had allowed four bail applications despite the fact that seized liquor quantity was more than 50 bulk litres and dismissed 14 bail applications of similar nature as the seized quantity was more than 50 bulk litres.
Even though there may “not be direct evidence to show corrupt or improper motive by the judicial order, the bail orders reveal he had acted in a manner which cannot be approved whatsoever”, the court said, adding, “the inference of improper motive and extraneous consideration was properly drawn against the petitioner.”
In 2013, the HC issued a show cause notice and Suliya refuted the allegations. However, the inquiry authority found the charge of adopting “double standards in deciding bail applications stood proven against him” and the report was forwarded to the HC.
The Administrative Committee (Higher Judicial Services) recommended his removal from service and a full court of HC endorsed it, following which the State Law and Legislative Department issued the removal order on September 2, 2014.
This was challenged by Suliya through an appeal before the Madhya Pradesh Governor, which was rejected on March 17, 2016 and he filed the present petition.
Suliya was appointed as Civil Judge, Class II in 1987. He was promoted as Chief Judicial Magistrate. In May 2011, he was promoted after due selection as member of Madhya Pradesh Higher Judicial Service at Entry Level and posted as Additional District & Sessions Judge, Khargon.