Patna High Court Quashes Order to Remove Sessions Judge, Says Single Judge Exceeded Jurisdiction

The Patna High Court set aside a single-judge order that removed Sessions Judge Kumar Gunjan for lacking basic knowledge of criminal law and ordered that he be removed from criminal work and sent for retraining. 

A Division Bench led by Acting Chief Justice Ashutosh Kumar held that the single-judge acted without hearing the judge, violating natural justice and overstepping revisional powers.

The Court said such directions, which affect service and reputation, fall solely under the Chief Justice’s administrative authority.

The Bench expunged all adverse remarks, noting that while the judge’s handling of the case may have been flawed, disciplinary action can’t be imposed without due process.