Retired District Judge Moves Supreme Court Challenging Disciplinary Action Taken By Patna HC Over "Hasty" Decision In Criminal Case

A retired judicial officer from Bihar has approached the Supreme Court challenging the penalty of deduction of 50% of pension imposed on him in a disciplinary proceedings initiated by the Patna High Court. He contended that he was suspended 4 days before his retirement on a complaint regarding "hasty decision" in a criminal case.

The Supreme Court bench comprising Justices Hrishikesh Roy and Justice Pankaj Mitthal  took note of the submission that concerned case for which his suspension was ordered was not a part of the article of charges framed against the petitioner. The said case was belatedly added as a charge beyond the permissible time of 4 years as per the rules.

The bench issued notice on the petition on July 25, returnable in six weeks.

The petitioner contended that the chargesheet was submitted on 4 different cases. The main case for which he faced suspension was in fact added as a supplementary charge after 4 years which is impermissible as per the rules.

He submitted that his defense was that his judgment speaks for itself. “This is first case I’ve come across where a judicial order which is final was now made the subject matter of disciplinary proceedings", the petitioner's counsel argued.

He highlighted the fact that he retired in 2012 and continues to face indignity. Senior Advocate Inderjit Mahanty appeared for the petitioner.

BACKGROUND OF THE CASE

The petitioner is a former judicial officer who retired on 31.7.2012. Just 4 days before his superannuation, he was placed under suspension on 27.7.2012, primarily on account of complaints of hasty decision in a criminal case. The Chief Justice ordered the suspension of the petitioner. Disciplinary proceedings commenced and thereafter penalty of deduction of 50% of pension was inflicted in 2017.

After the High Court on its judicial side upheld the disciplinary action and dismissed the petitioner's writ petition, he filed the Special Leave Petition before the Supreme Court.  

Case title: Radhe Shyam Sharma v State of Bihar

Citation: SLP(C) No. 15059/2023