NDLI: Muzaffar Husain Vs. State of Uttar Pradesh and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Judiciary: Subordinate judiciary – Disciplinary action against judicial officer
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Judiciary: Subordinate judiciary – Disciplinary action against judicial officer – Judicial officer-appellant took voluntary retirement from service and joined the tribunal as member – Allegations of misconduct against him, while he was discharging his duties as judicial officer – Charges levelled against him, departmental enquiry conducted and charges found proved – Full Court of the High Court resolved to punish the appellant with curtailment of 90% of his pensionary benefits with immediate effect – State sanctioned withholding of 90% from the pension of the appellant – Challenge to, by the appellant – High Court reduced the curtailment of pensionary benefits to the extent of 70% in place of 90% – On appeal, held: Power of judicial review conferred on the constitutional Court is not that of appellate authority but confined only to the decision-making process – If the inquiry has been fairly and properly conducted, and the findings are based on evidence, the adequacy of the evidence or reliability of evidence would not be a ground to interfere with the findings recorded in the departmental enquiries – On facts, there was a regular disciplinary proceedings conducted against the appellant after serving him the chargesheet and giving him full opportunity of hearing – Further, the appellant had not made any allegation with regard to violation of principles of natural justice or contravention of any statutory rules or regulations having occasioned during the course of enquiry proceedings or in the decision-making process – Also, there was enough evidence and material to show that the appellant had misconducted himself while discharging his duties as a judicial officer, and had passed the judicial orders in utter disregard of the specific provisions of law, to unduly favour certain parties, and that such orders were actuated by corrupt motive. – Thus, the subjective satisfaction arrived at by the High Court on the administrative side, and the impugned order passed by the High Court on the judicial side did not warrant any interference – High Court justified in exercising its supervisory jurisdiction u/Art. 235 – U.P. Govt. Servants Conduct Rules, 1956 - r. 3 – Civil Services Regulations – Art. 351(A) – Constitution of India – Art. 235.
Judge	Hon'ble Ms. Justice Bela M. Trivedi
Neutral Citation	2022 INSC 530
Petitioner	Muzaffar Husain
Respondent	State Of Uttar Pradesh And Anr.
SCR	[2022] 7 S.C.R. 939
Judgement Date	2022-05-06
Case Number	3613

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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Muzaffar Husain Vs. State of Uttar Pradesh and Anr.

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