Retired Bihar judge moves Supreme Court after pension cut for 'hasty' decision in criminal case

A retired judicial officer from Bihar has moved the Supreme Court challenging the decision to deduct 50 per cent from his pension as penalty for allegedly having hastily decided a criminal case. [Radhe Shyam Sharma vs State of Bihar and ors].The penalty imposed in 2017 followed disciplinary proceedings initiated against the judge over ten years ago, and just four days before his retirement in 2012. A Supreme Court bench of Justices Hrishikesh Roy and Pankaj Mithal on Monday sought the response of the Bihar government and the Patna High Court in the matter. The notice was made returnable in six weeks..The judicial officer before the Court had been scheduled to retire on July 31, 2012. However, he was placed under suspension on July 27, 2012, based on a complaint that he had hastily decided a criminal case. As such, disciplinary proceedings were initiated against the former judge four days before his date of retirement.The disciplinary proceedings eventually led to an order in 2017 to deduct 50 per cent of the pension payable to the officer. In February, the Patna High Court had dismissed the officer's plea challenging the pension deduction. Therefore, he has now moved an appeal before the Supreme Court against a Patna High Court order..Sentencing cannot be on the same day: Supreme Court issues notice in Bihar POCSO judge appeal against suspension.The judicial officer has contended that the criminal case referred to in the complaint against him was not initially part of the "article of charges" presented at the disciplinary proceedings. Rather, it was added belatedly in 2016. This was done in violation of the rules governing such proceedings, the officer contended. The former judicial officer in his plea added that the High Court had disregarded this submission when it ruled against him..Senior Advocate Inderjit Mahanty with advocates Manjula Gupta, Satyajit Mahanty, Prem Sunder Jha, Soubhagya Ranjan Pati, and P Vamshi Rao represented the retired district judge, Radhe Shyam Sharma..[Read order]