JUDGEMENT
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(1.) Sri Prodyut Nath Bhaduri, the petitioner above mentioned named was appointed as Judicial Officer on May 14, 1973. He served various offices under the Lower Judiciary. He was ultimately confirmed in Higher Judicial Service August 3, 1999 with retrospective effect from June 1, 1997. On March 10, 1999, the writ petitioner's term was extended for a period of two years after attainment of his age at 58 years. He retired as a Judge, City Civil Court on March 31, 2001.
(2.) While petitionerwas working as the Judge, City Civil Court, 3rd Bench, two complaints were received by the High Court Administration, alleging irregularity in the Court of the petitioner. One of such complaints was made by one of the litigants whose case was pending before the petitioner in 3rd Bench of the City Civil Court. On receipt of such complaints, a preliminary inspection was had when the Hon'ble Zonal Judge accompanied by the then Registrar Protocol and Vigilance visited the chamber of Bhaduri on April 17, 2000. The Hon'ble Zonal Judge after inspection, directed a regular enquiry, the petitioner was also transferred to another Bench of the City Civil Court. Thereafter, a regular Inspection was had. The petitioner asked for personal hearing. Two Hon'ble Judges of this Court gave personal hearing. He also filed written explanation to the charges brought against him. Ultimately, the then Registrar Inspection-ll, after holding a regular enquiry submitted report on December 12, 2000 to the effect that the charge relating to favouring the opponent of the complaint was not proved. The Inspecting Officer, however, observed that there had been irregularities with regard to maintenance of Court Diary. According to Inspecting Officer, the same occurred due to peculiar system of maintenance of Court record in City Civil Court as well as hectic and restless disposal of matters by the petitioner. According to him, the petitioner was not so serious in passing order in time and as such he was negligent in discharging judicial work. The report was placed before the Zonal Judge. His Lordship passed an order to the following effect:-
"Shri Bhaduri may be cautioned as to the performance of his judicial duty." The said order was passed on December 27, 2000, the then Registrar Inspection-ll accordingly communicated such remark of His Lordship to the petitioner Vide his letter dated January 22, 2001.
(3.) The petitioner filed a representation before the administration for expunging of such remark. Such representation was made on March 30, 2001 just before his retirement.;
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