(Hari Shankar Bhardwaj vs . State Of Rajasthan & Ors.) on 5 January, 2016
In the case of Ravi Shankar Srivastava Vs. State of Rajasthan reported in 2005 (2) WLC (Raj.) 612, Single Bench of this High Court has held that sub-section (2) of Section 3 of the Judges (Protection) Act empowers the State Government to take action against any person, who is or was a Judge. In that case also the petitioner was member of Revenue Board of Rajasthan and was discharging judicial functions. Allegations of acceptance of gratification was made against him and after conducting preliminary inquiry formal FIR was registered against him which was challenged by way of writ petition. In the facts and circumstances of that case, it was held that an inquiry can be initiated against a Judge also as per sub-section (2) of Section 3 of the Judges (Protection) Act. It was also held that FIR cannot be said to be false and case is not such that if allegations in FIR are accepted at their face value, it does not disclose any cognizable offence and with these observations High Court refused to quash the FIR.