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Shri Ramcharitra Roy Vs. the High Court of Patna and anr. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtSupreme Court of India
Decided On
Case NumberWrit Petition No. 56 of 1972
Judge
Reported inAIR1976SC226; (1976)1SCC353; 1976(8)LC85(SC)
ActsConstitution of India - Articles 16(1), 32, 226 and 311(2)
AppellantShri Ramcharitra Roy
RespondentThe High Court of Patna and anr.
Appellant Advocate L.N. Sinha, Solicitor Gen. Of India S.P. Nayar and;U.P. Singh Advs
Respondent Advocate P.Ram Reddy, Adv.
Cases ReferredMrs. Dhana Laxmi Lal v. Rasik Lal and Ors. and
Excerpt:
.....fact held, accused had exceeded right of private defence and is liable to be convicted under section 304 part i r/w. sections 109 & 34 of i.p.c., sections 100 & 101: right of private defence - held, the force used in self defence need not be weighed in golden scales. such situations have to be pragmatically viewed and not with high powered spectacles or microscopes to detect slight or even marginal overstepping. sections 102 & 105: right of private defence commencement and continuance held, the right commences, as soon as a reasonable apprehension of danger to body arises from an attempt, or threat, to commit the offence and ceases as soon as cause for reasonable apprehension disappears. .....bench clerk in the additional sub judges' court, purnea, in 1967. on 20th may, 1967,. the district judge, purnea, asked for an explanation from him with regard to a land acquisition case no. 119 of 1958 as to why the record of the case was not put up expeditiously before the presiding officer and a date fixed fore consideration of the sarishtedar's report. he gave the explanation that he was not the dealing assistant fur laud acquisition cases. on 15th june, 1967, the district judge, purnea, rejecting the correctness of the petitioner's stand, required the petitioner to show caue why his increments and promotion should not be stopped. the petitioner repeated the his explanation. he was called by tie district judge on 1st august, 1967, in his chamber and heard f personally. on 8th august,.....
Judgment:

M.H. Beg, J.

1. The petitioner under Article 32 of the Constitution makes the following allegations:

(1) He was a Bench Clerk in the Additional sub Judges' Court, Purnea, in 1967. On 20th May, 1967,. The District Judge, Purnea, asked for an explanation from him with regard to a land acquisition case No. 119 of 1958 as to why the record of the case was not put up expeditiously before the presiding officer and a date fixed fore consideration of the Sarishtedar's report. He gave the explanation that he was not the dealing Assistant fur laud acquisition cases. On 15th June, 1967, the District Judge, Purnea, rejecting the correctness of the petitioner's stand, required the petitioner to show caue why his increments and promotion should not be stopped. The petitioner repeated the his explanation. He was called by tie District Judge on 1st August, 1967, in his chamber and heard f personally. On 8th August, 1967, the District Judge passed an order that the petitioner's increment and promotion be stopped for two years from 1st August, 1967.

(2) On 30th August, 1967, the District Judge, Purnea, drew up a list of persons promoted but did not include the name of the petitioner in it The petitioner appeared to the High Court. Ey its letter dated 10th September, 1970, the High Court allowed it and asked the District Judge to reconsider his case On 7th November, 1970, the then District Judge of Purnea ordered that the petitioner be promoted with effect from the date from which he was entitled to such promotion subject only to the condition that he will not be entitled to arrears of salary from the date of promotion. The petitioner then made a representation to the District Judge for the alleged arrears of his salary which he had not received but this was rejected. The petitioner again appealed to the Chief Justice of the Patna High Court against the order of the District Judge passed on 7th November, 1970 reflusing the arrears of salary. He represented that other Clerks had receivd their arrears. He also alleged that his pension would also be affected by stoppage of increments.

(3) He had not approached the High Court under Article 226 of the Constitution, because, he says a Full Bench of the High Court of Patna in : AIR1952Pat309 (in Re : Babul Chandra Mittra) had laid down that ho writ petition lay in the High Court against orders of the High Court in its administrative capacity. He alleged that he had been punished contrary to the provisions of Article 311(2) of the Constitution. He also alleged violation of his fundamental right under Article 16(1) of the Constitution.

2. No one has appeared on behalf of the petitioner to explain to us how any fundamental right of the petitioner has been affected. From the reply filed on behalf of the High Court it appears that there was a very detailed order by the District Judge of Purnea setting out the responsibility of the petitioner for delaying land acquisition case No. 119 of 1958 Mrs. Dhana Laxmi Lal v. Rasik Lal and Ors. and the payment of compensation money of Rs. 24140/- to the lady concerned. The circumstances indicated that the petitioner, who was incharge of the case, had acted in violation of Rule 24 and directions given to him. The finding was that he had deliberately shelved the issue of a payment order in Order to harass the litigant who was running from pillar to post for redress. Presumably, his object was dishonesty. He had been punished further opportunity to be given him to be heard. His appeal had been dismissed by the Chief Justice of the Patna High Court oh 8tb November, 1971, by a detailed order with full reasons disclosed there. No aspect of Article 16(1) of the Constitution can arise in this case. This writ petition is, therefore, dismissed, but, in the circumstances of the case, we make no order as to costs.


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