The Patna High Court has provided significant relief to retired judge Sudhanshu Kumar Lal, who was involved in hearing the infamous fodder scam cases. A bench comprising Chief Justice Vinod Chandran and Justice Partha Sarathi accepted his writ petition and quashed the High Court administration’s order issued on December 7, 2009.
The 2009 order had deferred Lal’s super-time scale salary for a year, adversely impacting his pension and other post-retirement benefits. He subsequently approached the High Court, and the decision has now come in his favor.
Background of the Case
Disciplinary proceedings were initiated against retired judge Sudhanshu Kumar Lal based on allegations that, as the District and Sessions Judge (DSJ) of Jehanabad on February 11, 2004, he left his station without informing the High Court administration. It was also alleged that he secretly attended the swearing-in ceremony of a Patna High Court judge without prior permission.
Based on these allegations, Lal was found guilty, and the High Court administration penalized him by withholding his super-time scale salary for one year. This affected his pension and other retirement benefits.
Arguments by Lal’s Counsel
Senior advocate Jitendra Singh and advocate Harsh Singh, representing Lal, argued that the departmental inquiry was flawed. They contended that no witness was examined before the inquiry officer, and the charges against their client were proved through improper means.
Court’s Directions
The court directed the Registrar General to recalculate Lal’s salary arrears and pension benefits, ensuring the application of the super-time scale. However, in another case involving Lal, the same bench refused relief. This related to a minor censure imposed on him while serving as the DSJ of Begusarai.
The decision to quash the 2009 order has brought significant relief to Lal, reinstating his full pension benefits and ensuring justice after years of legal battle.
