POCSO judge from Bihar moves Supreme Court challenging his suspension by Patna High Court

An Additional Sessions Judge from Bihar has moved the Supreme Court challenging a suspension order against him passed by the Patna High Court in February this year..The matter was mentioned on Wednesday by Senior Advocate Vikas Singh before a Bench led by the Chief Justice of India NV Ramana who agreed to list the matter. The plea by Araria district special POCSO judge Shashikant Rai said that action was taken against him only for questioning the new evaluation system in place for promotions in the district judiciary.The petitioner-judge had, after rounds of non-consideration for promotion as civil judge (senior division), written to the High Court to consider restoring seniority as a basis for such elevations. "The Hon’ble 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," it was contended. .Interestingly, the petitioner had, in November 2021, convicted and sentenced a man to life imprisonment for sexual assault of a minor after having heard the case for one day. In his plea before the top court, Rai alleged that he had received death threats after he passed that order."Institutional bias against the petitioner as the judgements of the petitioner in Spl. POCSO Case No. 01/2022 giving capital punishment to the accused Md. Major in four working days of trial and in Spl. 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," the plea filed through advocate Nitin Saluja said. It was also pointed out the suspension order and pending disciplinary proceedings against him did not record any reasons and has led to mental pain "as he stands condemned for an action that otherwise garnered the praise of the State." Further, as per Rule 6 (7) of the Bihar Judicial Service (Classification, Control & Appeal) Rules of 2020, his suspension ought to be revoked by now as no chargesheet has been framed till date.