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2024 Supreme(Pat) 319

BIBEK CHAUDHURI
Raj Kumar, S/O B. N. Vaish – Appellant
Versus
State of Bihar Through District Magistrate – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Archana Sinha @ Archana Shahi, Advocate
For the Respondent:Mr. Prabhat Kumar Verma, Advocate

JUDGMENT :

Bibek Chaudhuri, J.

1. This Court proceeds to deliver the judgment based on a very unfortunate allegation against a senior member of Bihar Superior Judicial Service. The Petitioner is a Member of Bihar Superior Judicial Service and was posted as Principal Judge, Family Court, Khagaria at the relevant point of time. On 1st of February, 2022, the Petitioner left his official quarter early morning for walking at about 05:15 A.M. When he returned to his official residence at about 06:15 A.M., he found that the main gate of his official residence was open. One, Virendra Prasad Singh, Homeguard, since deceased, was on duty at the relevant point of time as Homeguard in the official residence of the Petitioner. Seeing the entrance gate open at the early hour of morning, he asked the above-named Homeguard as to why the gate remained open. At this, the said Homeguard became agitated and abused him saying that it was not his duty to close the entrance gate of the official residence of the Petitioner. There was some exchange of words between the Homeguard and the Petitioner. The aforesaid Homeguard abused him saying that he was not a servant of the father of the Petitioner. In cours

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