Satya Prakash Mishra vs The State Of Bihar
2023 Latest Caselaw 846 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.9949 of 2021
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Satya Prakash Mishra Son of Late Srikant Mishra, Resident of Village-Kakra, Kakra Kachar Gairabad, P.O.-Dubawal, P.S.-Sarai Inayat, District-Allahabad, Uttar Pradesh-221505, presently residing at 284, Pura Dalel, Tilaknagar, Allahpur, P.O.-Daraganj, P.S.-Georgetown, District-Allahabad, Uttar Pradesh- 211006.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Principal Secretary, General Administration Department, Government of Bihar, Patna.

3. The Principal Secretary, Finance Department, Government of Bihar, Patna.

4. The Honble High Court at Judicature at Patna through the Learned Registrar General, Patna.

5. The Learned Registrar General, Honble High Court of Judicature at Patna Patna.

6. The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Kaushik, Adv. For the High Court : Mr. Piyush Lall, Adv. For the AG : Mr. Prabhat Ranjan Dwivedi, Adv. For the State : Mr. Mankeshwar Tiwari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 20-02-2023

Heard Mr. Kumar Kaushik, learned advocate for

the petitioner, Mr. Piyush Lall, learned advocate for the

High Court, Mr. Prabhat Ranjan Dwivedi, learned advocate

for the Accountant General. The State has been represented

by Mr. Mankeshwar Tiwari.

Patna High Court CWJC No.9949 of 2021 dt.20-02-2023

The petitioner is aggrieved by the punishment

of withholding of 20% of pension on permanent basis

imposed upon him.

It appears from the records that a departmental

proceeding was initiated against the petitioner under four

charges, three of which stood proved. The petitioner was

found to have conducted in a manner which was

unbecoming of a judicial officer; reflected judicial

indiscipline and intentionally misused the powers in

violation of Rule 6(ii) of the Bihar Civil Court Staff (Class-

III and Class-IV) Rules, 2009 and Rule 3 of the Bihar

Government Servant's Conduct Rules, 1976.

The main charge against him is of taking part in

the deliberations of a Committee of which he was Member,

when one of the contenders/applicants was his own nephew.

We do not find any lapse in holding of inquiry

against the petitioner. It has not even been commented upon

by the petitioner in the present writ petition.

The only refrain of the petitioner is that the

punishment awarded to him (20% permanent reduction of

pension for life) is a bit too harsh.

Patna High Court CWJC No.9949 of 2021 dt.20-02-2023

We are afraid, we cannot go into the question of

the quantum of sentence, moreso, when juxtaposed with the

charges proved against the petitioner, which are of very

serious nature including misconduct.

It does not appear to be unconscionable or

perverse or so excessive that it would require any

interference.

For the aforenoted reason, we do not find any

merit in this writ petition and perforce we dismiss it.

(Ashutosh Kumar, J)

( Harish Kumar, J) rohit/-

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Uploading Date          21-02-2023
Transmission Date