Akkshadha Srivastav
Published on: 14 August 2022 at 17:14 IST
Additional Sessions Judge Shashi Kant Rai, was suspended by the Patna High Court on February 7 after he had convicted and sentenced a man to life for the rape of a six-year-old minor on the same day under the Prevention of Children Against Sexual Offences Act, 2012 (POSCO) Act.
Earlier this week, on Monday, the Supreme Court, while hearing his plea, advised the Patna High Court to drop all disciplinary proceedings initiated against the suspended Additional District and Sessions Judge, a bench of Justices UU Lalit and S Ravindra Bhat asseverated:
“Unless there is mala fide or corruption or something as glaring as that, an officer cannot be visited with (disciplinary) action. At best, you can say he is an overzealous officer. Ultimately, this is a matter of the institution as anything you say against a judicial officer reflects on the institution. It has serious ramifications as the message that goes out is that efficiency is being punished,“
Subsequently, the memorandum passed by the legal cell of the Patna High Court two days ago, recalling the judge’s suspension, reads:
“Having considered the order dated 08.08.2022 passed in W.P (C) 557/2022 titled as Shashi Kant Rai, versus High Court of Judicature at Patna and another by the Hon’ble Supreme Court of India, and the communication dated 08.08.2022 received from Sri Gaurav Agarwal, Advocate, Supreme Court of India, representing the High Court in the matter, the Hon’ble High Court has been pleased to drop all departmental proceedings against Sri Shashi Kant Rai, Special Judge Pocso-cum-Additional District and Sessions Judge VI Araria, initiated against him…“