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Synopsis

The Supreme Court on Wednesday has allowed an urgent mentioning in a plea challenging a "non-speaking suspension order" passed by the Patna High Court against a Special Judge, Protection of Child Sexual Offences (POCSO) Act, for allegedly deciding a POCSO case in a day. The matter is expected to be heard on July 29, 2022.

A bench of the Chief Justice of India NV Ramana, Justice Krishna Murari, and Justice Hima Kohli directed the matter to be listed on the scheduled date (July 29, 2022) after the same was mentioned by Senior Advocate Vikas Singh.

Singh had submitted that the matter pertains to the suspension of a Special Judge for deciding a case under the POCSO Act within a day and though, it has been more than 6 months, the matter is not being listed.

The plea filed by the Special Judge, POCSO through Advocate Nitin Saluja submitted that the petitioner-judge had only sought for consideration for restoration of seniority on the basis of new evaluation system introduced by the High Court, however, the High Court, "merely for questioning the process of evaluation of judgements, straightaway issued show cause notice to the Petitioner and later suspended him without giving any reasons thereby failing in its constitutional obligation to guide and protect the judicial officers".

The plea submits that the Special Judge reasonably believes that there is an institutional bias against him as the judgments in Special POCSO Case No. 01/2022 giving capital punishment to accused Md. Major in four working days of trial and in Special POCSO Case No. 36/2021 giving punishment of Life imprisonment in one working day of trial had caught immense media attention and was widely reported and appreciated by the Government as well as by the public.

It further submitted, "The suspension order and the pending disciplinary proceedings against the Petitioner for no recorded reasons has led the Petitioner to suffer deep-felt mental pain as he stands condemned for an action that otherwise garnered the praise of the State."

The plea has sought the following directions:

• Quash the suspension order passed by the High Court and the disciplinary proceedings as mentioned in the said suspension order and reinstate the Petitioner immediately;
• Quash the show cause notice dated October 25, 2021, and the rejection order dated February 9, 2022;
• Direction to the High Court to restore the seniority of the Petitioner by deeming his promotion to be in the year 2013-14, with monetary benefits;
• Direction to the High Court and/or the Administration to provide adequate security to the Petitioner;

Case Title: Shashi Kant Rai Vs. High Court of Judicature at Patna & Anr.