RUKNUDDIN Vs. THE HONBLE HIGH COURT

JUDGEMENT

(1.) THE petitioner has challenged the order dated 18th September, 2014 passed by the Registrar (Judicial Service), High Court, Calcutta, whereby and whereunder the petitioner is put under suspension with effect from 18th September, 2014.

(2.) A complaint is lodged against the petitioner for opening a Face Book account of another Judicial Officer without her consent and knowledge by using the Mobile phone number as well as the e -mail id. A First Information Report was also lodged before the police authorities and cognizance of offence was taken under Information Technology Act, 2000. The charge sheet was filed in the criminal proceeding and in course of trial the charges could not be proved beyond reasonable doubts, as a result whereof the criminal proceeding initiated against the petitioner was dropped. Subsequently the High Court intended to initiate a disciplinary proceeding against the petitioner and the petitioner has been put under suspension, which is challenged in this writ petition.

(3.) BEARING in mind the settled proposition of law that mere acquittal in a criminal proceeding does not entail an automatic suspension of the disciplinary proceeding, except where there is community in charges, witnesses and documents sought to be relied in the disciplinary proceeding, this Court initially thought that the case is brought within the aforesaid exception. Neither the charge sheet nor the appointment of an Enquiry Officer is assailed in this writ petition, but the same was issued during the pendency of this writ petition, this Court took notice of those as subsequent events.