Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Civil Judge suspended from service on allegations of gross misconduct Service Law |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Respondent was appointed as a Civil Judge (Junior Division) – Respondent was suspended from service on allegations of gross misconduct, followed by the initiation of disciplinary proceedings – As per the enquiry reports, some charges stood proved and the other charges were not proved – Full Court of the High Court resolved to impose the penalty of dismissal from service upon the respondent – Based on the resolution, respondent was dismissed from service – Respondent challenged the findings of the enquiry officer and the order of dismissal from service by filing writ petitions before the High Court – High Court dismissed the same – The respondent filed intra-court appeals against the same – Division Bench of the High Court set aside the order of penalty and the findings of the enquiry officer and also directed that no further inquiry can be held against the respondent – On appeal, held: Some of the charges against the respondent were very serious in nature, such as pronouncing the operative portion of the judgment in open court without the whole text of the judgment being ready, and similarly the conduct of auction sale of properties seized during the investigation – Judicial Officer pronouncing the concluding portion of his judgment in open court without the entire text of the judgment being prepared/dictated would amount to gross misconduct – Such conduct is completely unacceptable and unbecoming of a judicial officer – High Court was not justified in setting aside the penalty and in ordering that there shall be no further enquiry against the Respondent – Judgment of High Court set aside. |
Judge | Hon'ble Mr. Justice V. Ramasubramanian |
Neutral Citation | 2023 INSC 342 |
Petitioner | The Registrar General, High Court Of Karnataka And Anr |
Respondent | Sri M. Narasimha Prasad |
SCR | [2023] 4 S.C.R. 51 |
Judgement Date | 2023-04-10 |
Case Number | 2519 |
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