VIGILANCE MANUAL VOLUME III - AP Online

DECISION -180
(180)
437
Misconduct — in judicial functions
Issuing search warrant for production of a girl on a
fixed day, taking up hearing on a holiday before the
date already fixed, thereby depriving parents an
opportunity of hearing and setting the girl free in a
reckless and arbitrary manner without exercising
due care amounts to misconduct on the part of the
Magistrate.
Bhagwat Swaroop vs. State of Rajasthan,
1978(1) SLR RAJ 835
The petitioner was a Magistrate First Class. He had issued
search warrants on the basis of a complaint that the complainant’s
wife had been taken away by her father and was being kept in illegal
confinement. While issuing the search warrant, the petitioner had
directed the police to recover and produce the lady in his court on
13-7-67. The police, however, produced her on 8-7-67 which was a
holiday. The petitioner took up the case for final hearing on that very
day, a holiday, before the date already fixed and deprived the parents
of the girl an opportunity of hearing in the matter and passed orders
setting her free. He was charged with having acted in undue haste
without exercising due care and caution and a penalty of stoppage of
increment was imposed.
The order was challenged before the Rajasthan High Court
on the ground, inter alia, that the petitioner had only exercised his
judicial discretion under the law and should not be penalised even if
the exercise of this discretion was found to be defective in some
respects. The High Court dismissed the petition holding that the
misconduct of the petitioner was glaring and apparent even on the
admitted facts.