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2023 Supreme(Pat) 188

ASHUTOSH KUMAR, HARISH KUMAR
Sangeeta Rani – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Jitendra Singh, Sr. Adv., Harsh Singh.
For the High Court : Mr. Piyush Lall.
For the State : Mr. Suman Kumar Jha.

Ashutosh Kumar, J. – Heard Mr. Jitendra Singh, the learned Senior Advocate, assisted by Mr. Harsh Singh, for the petitioner, a Judicial Officer, Mr. Piyush Lall for the High Court and Mr. Suman Kumar Jha for the State.

2. The writ petitioner/Judicial Officer, while being posted as Sub Judge XIV-cum-A.C.J.M., Patna in the year 2016, passed a judgment of acquittal in a case instituted under Section 138 of the Negotiable instruments Act, 1881 (in short the N.I. Act), which led to the setting up of a departmental proceeding against her for having acquitted the accused for extraneous consideration and not relying on the materials on record for coming to her conclusion.

3. The departmental proceeding ended in the inquiry authority having concluded a serious lapse on the part of the proceedee, which was indicative of no proper verification or consideration of records/evidence, implying grave negligence and, in turn, leading to the only inference of not having shown absolute integrity and devotion to duty. The officer was found to have depicted lack of judicial fairness which is unbecoming of a Judicial Officer which conclusion was accepted by the disciplinary authority and she was subjected

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