NIRAJ KUMAR RAJAK Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is challenging the order contained in order no. 18/2008 dated 11.03.2008 (Annexure-15), whereby and whereunder, the petitioner has been imposed punishment of withholding of two increments with cumulative effect as also directed that the petitioner would not be made as Office Clerk or the Bench Clerk in any court for a period of two years from the date of the order.

(3.) The short facts of the present case is that the petitioner was appointed as Assistant, was posted in Civil Court, Jehanabad. The Single Bench of this Court had called for a case diary of Arwal P.S. Case No. 9 of 2004 vide an order dated 10.11.2006 passed in Cr. Misc. No. 31196 of 2005 and by Memo No. 29750 dated 21.11.2006, a copy of the aforesaid order was communicated to the court of Judicial Magistrate, 1st Class, Jehanabad which was seen by the learned Magistrate on 11.12.2006 and, in turn, he issued a letter to the Superintendent of Police to send the carbon copy of case diary of the said case and, accordingly, vide Letter No. 64 dated 27.1.2007, remitted the carbon copy of the case diary for perusal of this Court. On 20.12.2006, the aforesaid case was taken up again by the same Bench but, the copy of the case diary was not attached. The Court directed to issue reminder and also called for the explanation to failure to remit the case diary whereafter the photocopy of the case diary was remitted to this Court. In the meantime, the Presiding Officer asked show-cause to the petitioner as to why he has not placed before him the order passed by the High Court, whereupon, the petitioner filed his explanation, therein he took the plea that he had placed the record before him and, after looking to that, the Presiding Officer had written a letter to the Assistant Registrar of this Court vide letter no. 25 of 2005 dated 20.3.2007 in which the signature of Presiding Officer was there which can be verified from the naked eye but, he has used some derogatory words in the explanation are as follows:-