Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial service Enquiry Office Departmental Inquiry Natural Justice Judicial Review |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Judicial service - Complaint against judicial officer - By the accused whose case she was trying -Alleging demand of illegal gratification - Enquiry Officer finding her guilty- High Court on administrative side recommended imposition of punishment of compulsory retirement to the State Government-Accordingly the delinquent officer given compulsory retirement - Challenged - Division Bench of High Court rejected the challenge - On appeal, held: Imposition of punishment of compulsory retirement on the delinquent officer is not correct - Complainant was disbelieved by the Enquiry Officer as well as the High Court on various issues - The court wrongly put the burden to prove those negative circumstances on the delinquent officer, while the onus was on the department to prove the charges - In the facts of the case it would be said that the complainant had ill-will and motive to make allegations against the delinquent officer - Hence the order of punishment is set aside and the delinquent officer is honourably exonerated of all the charges - Cost imposed on the State to the tune of Rs.5 lakhs to be paid to the delinquent officer- Evidence - Burden to prove. Judiciary - Duty of higher judiciary to protect subordinate judiciary - Held: For functioning of democracy, and for an independent judiciary to dispense justice without fear and favour, High Court need to protect the honest judicial officers. Service Law: Departmental Inquiry - Quasi Criminal/Quasi judicial in nature - Standard of proof- Held in such cases though doctrine of proof beyond reasonable doubt does not apply, but principle of probabilities would apply. Departmental Inquiry - Evidence !material relied on in preliminary inquiry - Also relied on in regular inquiry - Held: In absence of information in the charge-sheet that evidence/ material in preliminary inquiry would be relied on, it was not permissible to rely on the same in regular inquiry - Reliance thereon is violative of principles of natural justice- Natural Justice. Natural Justice - Applicability of - Held: Natural justice is an inbuilt and inseparable ingredient of fairness and reasonableness - It should be strictly adheared to whenever as a result of an order, civil consequences follow- In certain factual circumstances, even non-observance of the rule would itself result in prejudice. Judicial Review - Scope of - Held: It is circumscribed and confined to correct errors of law or procedural error, resulting in manifest miscarriage of justice or violation of principles of natural justice - However, the Court should exercise its discretion with great caution keeping in mind the larger public interest. |
Judge | Hon'ble Dr. Justice B.S. Chauhan |
Neutral Citation | 2013 INSC 170 |
Petitioner | Nirmala J. Jhala |
Respondent | State Of Gujarat & Anr. |
SCR | [2013] 5 S.C.R. 200 |
Judgement Date | 2013-03-18 |
Case Number | 2668 |
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