SHIV PRAKASH SINGH Vs. STATE OF BIHAR; HONBLE HIGH COURT OF JUDICATURE AT PATNA; REGISTRAR (ADMINISTRATION); DISTRICT AND SESSION JUDGE, CIVIL COURT; JUDGE IN-CHARGE, CIVIL COURT

JUDGEMENT

(1.) The challenge in the present Letters Patent Appeal is to an order passed by a learned Single Bench of this Court on 20th February, 2015 whereby, the writ application directed against an order of punishment dated 7th August, 2006 remained unsuccessful.

(2.) The appellant was charge-sheeted in respect of an allegation that he had kept 522 records in an Almirah and intentionally did not put up the records before the Presiding Officer of the Court for passing proper order, as a result of which in some cases cognizance of the offence became time barred. Such action was said to be that of a gross negligence and dereliction of duty and a grave misconduct.

(3.) To examine the allegations against the appellant, Sub-Judge- I, Sitamarhi was appointed as an enquiry officer who found the charges as proved and the act of the appellant were found to be of gross negligence and dereliction of duty but holding that the Presenting Officer has failed to prove any wrong intention or motive behind non-production of record before the Presiding Officer by the appellant. On the basis of such enquiry report, without supplying the same to the appellant, the learned District and Sessions Judge, Sitamarhi passed an order of stoppage of three increments on permanent basis. It was also directed that the appellant shall not be given any posting as an Office Clerk or Bench Clerk of any Court.