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PATNA HIGH COURT
HONOURABLE MR. JUSTICE ASHUTOSH KUMAR, HONOURABLE MR. JUSTICE HARISH KUMAR, JJ
Sangeeta Rani – Appellant
Versus
The State of Bihar through the Principal Secretary, General Administration Department, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. judicial officer's conduct and departmental proceedings (Para 2 , 3 , 6 , 8) |
| 2. arguments regarding judicial error as misconduct (Para 15 , 17 , 19) |
| 3. the legal framework governing judicial misconduct (Para 21 , 22 , 23) |
| 4. assessment of the appropriateness of disciplinary actions (Para 25 , 27 , 32 , 34) |
| 5. final ruling on the penalty for the judicial officer (Para 41 , 42 , 43 , 44) |
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 17-04-2023
Heard Mr. Jitendra Singh, the learned Senior Advocate, assisted by Mr. Harsh Singh, for the petitioner, a Judicial OfÏcer, Mr. Piyush Lall for the High Court and Mr. Suman Kumar Jha for the State.
2. The writ petitioner/Judicial OfÏcer, 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 conc
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