JUDGEMENT
ASHIM KUMAR BANERJEE. J. -
(1.) Sri Prodyut Nath Bhaduri the
petitioner above named was appointed as Judicial Officer on May 14, 1973.
He served various offices under under the Lower Judiciary. He was
ultimately confirmed in Higher Judicial Service August 3, 199 with
retrospective effect from June 1, 1997. On March 1O, 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 petitioner was 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 made 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 held. 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-II, 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 regularities 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 reckless 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 older was passed on December 27, 2000. The then
Registrar inspection-II 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 retirement.;
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