SITA RAM PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition under Articles 226 of the Constitution of India has been filed against the order dated 16th December, 2010 passed by the respondent State dismissing the petitioner, a judicial officer, from service on the recommendation of the Patna High Court on administrative side.

(2.) The facts and circumstances giving rise to this case are that the petitioner joined Bihar Subordinate Judicial Service in the capacity of Munsif on 14th October, 1982. He was promoted as Sub Judge in May, 2002. He was further promoted to the post of Chief Judicial Magistrate in November, 2005 and was thereafter promoted to the post of Additional District and Sessions Judge, F.T.C. in May, 2006 and was posted at Sitamarhi.

(3.) While the petitioner was posted at Sitamarhi, the then Inspecting Judge of the Sitamarhi judgeship inspected the judgeship on 17th and 18th May, 2008. The Hon'ble Inspecting Judge, noticing several acts of commission and omission of the petitioner in discharge of his official duties recommended for drastic action against him including initiation of a departmental proceeding. For the sake of convenience, the minutes of inspection in respect of the petitioner recorded by the then Hon'ble Inspecting Judge is reproduced herein which reads as under: