S.J. Mukhopadhaya, J. - (1.) THE petitioner, a member of Bihar State Subordinate Judicial Service, has challenged the order contained in letter No. 9525 dated 16th April, 1994, whereby he has been informed of administrative order passed by the Patna High Court imposing minor punishment of "stoppage of one increment without cumulative effect" with further order that he shall not be entitled for any salary for the period of suspension, except the subsistence allowance already drawn.
(2.) THE writ petition was preferred by the petitioner in the Patna High Court at Patna. The case was admitted on 10th November, 1994, but remained pending for hearing. As the allegations relate to the period the petitioner was posted at Sahebganj, now in the territory of Jharkhand, after reorganization of the State, the case has been transferred to this Court by the Hon'ble the Chief Justice of the Patna High Court under Section 34 of the Bihar Reorganisation Act, 2000. A counter -affidavit was filed on behalf of the Patna High Court. After transfer of the case, as nobody appeared on behalf of the Patna High Court, a fresh notice was issued on the Registrar (Vigilance) of Patna High Court, who was functioning as. In -charge Registrar General, but nobody appeared on behalf of the Patna High Court.
(3.) THE brief fact of the case is that the petitioner while posted as Judicial Magistrate 1st Class at Chatra was placed under suspension by the Patna High Court on 16th January, 1992 and a departmental proceeding was initiated. The District and Sessions Judge, Hazaribagh was appointed as Enquiry Officer to conduct the departmental proceeding, vide Notification No. 210 -A dated 18th July, 1993. In the memorandum of charge -sheet only one article of charge (Article I) was leveled against him relating to his conduct alleged to be unbecoming of a Judicial Officer, as quoted hereunder : - - "Annexure -1 Memorandum of Charge Sheet Statement of Article of charge framed against Sri Hira Prasad Pandey, Judicial Magistrate, Chatra (under suspension). Article I That the said Hira Prasad Pandey, while functioning as Judicial Magistrate from 5.11.1987 to 1.10.1990 at Sahebganj, during the period of his stay at Sahebganj, resides in a Government Quarter in the Bhartia Colony, belonging to the Housing Board, allotted to Shri Pandey in his official capacity by the Housing Board. Sri Pandey did not vacate his said quarter on transfer from Sahebganj to Sarikella where the joined on 4.9.1991. This amount to a conduct unbecoming of a Judicial Officer.";