Judge Baheti moves the apex Court again, says his rights being denied

Madhya Pradesh district and sessions Judge, Jagdish Baheti, who had set a precedent of giving a verdict of 14 years’ jail to the accused by completing the rape trail in just nine days, has once again moved the Supreme Court.
It is perhaps the first case wherein a judge has approached the Supreme Court, challenging the recommendation made by a collegium of High Court which bypassed his name for elevation due to a pending departmental inquiry against him. Judge Baheti has pleaded for quashing of a chargesheet issued against him in September 2014, and thus to protect his right of elevation.
The chargesheet against Judge Baheti alleges he had granted anticipatory bail to some accused in a criminal case by mentioning wrong facts in the bail order. The chargesheet, issued following a fact-finding inquiry, contains statements by the investigating officer and public prosecutors who claimed they had opposed the bail whereas judge’s order recorded otherwise.
Baheti’s petition is scheduled to be heard by a bench of Chief Justice, H L Dattu in July even as a legal battle rages on in the apex court over replacing the collegium with the National Judicial Appointments Commission. In Baheti’s case, the HC had made recommendations before the NJAC was notified. These recommendations are now stuck since the fate of the collegium awaits a ruling by a Constitution Bench.
This is the second time Baheti has moved the apex court, complaining that his rights are being violated. While adjudicating his previous plea which was a writ petition, Justice Dattu’s bench had asked him in January to first move the HC. The HC had noted there was no violation of the MP Civil Services Rules in issuing the chargesheet and that Baheti was not required to be given a prior hearing under the rules.