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2023 (3) TMI 1427 - PATNA HIGH COURTWithdrawal of entire pension having been permanently withdrawn after excluding the pension amount which was commuted by him - possession of fake currency notes - arrest on hot-chase with narcotics - HELD THAT:- For the absence of any material to justify the charge of extraneous reasons while passing the orders, it is found that the inquiry report and the decision of the Standing Committee of the High Court in withdrawing the entire pension of the petitioner is unsustainable in the eyes of law. In KRISHNA PRASAD VERMA (D) THR. LRS. VERSUS STATE OF BIHAR & ORS. [2019 (9) TMI 1716 - SUPREME COURT], the Supreme Court has reiterated that Article 235 of the Constitution of India vests control of the subordinate Courts upon the High Courts. The High Courts exercise disciplinary powers over the subordinate Courts. High Courts ought not to take action against judicial officers only because wrong orders are passed “To err is human and not one of us, who has held judicial office, can claim that we have never passed a wrong order”. The report of the Enquiry Committee as also the decision of the High Court is quashed and set aside - the consequences of setting-aside of such order of punishment shall follow and the petitioner shall be entitled to his pension - petition allowed.
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