Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer
1 year, 11 months ago

Judicial Order Not Justifiable In Law Does Not Automatically Imply It Was Passed For Extraneous Considerations: Patna HC Grants Relief To Retd Officer

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In a significant order, a division bench of the Patna High Court has quashed and set-aside a decision of the Standing Committee of the High Court wherein the committee had imposed a punishment of permanent withdrawal of the entire pension of a retired Additional District and Sessions Judge after finding that he had passed judicial orders for extraneous considerations. In the second round of the departmental proceeding, the Inquiry Officer, namely, the District and Sessions Judge, Muzaffarpur inquired the charges and submitted his report before the High Court, which was accepted by the Standing Committee of the High Court and a show-cause notice to the petitioner was issued to explain as to why he be not held guilty of the charges proved against him and be punished accordingly. Thus, it has been cautioned that while taking disciplinary action based on judicial orders, the High Court ought to take extra care and caution." Finding absence of any material to justify the charge of extraneous reasons while passing the orders referred to above, the bench found that the inquiry report and the decision of the Standing Committee of the High Court in withdrawing the entire pension of the petitioner was unsustainable in the eyes of law, and thus, quashed and set-aside the report of the Enquiry Committee as also the decision of the High Court.

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