Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dismissal of service — Of judicial officer |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | ; Dismissal of service — Of judicial officer — Charges of misconduct. alleging that while trying two cases involving offence u/s. 135 of Customs Act, the manner and mode in which awarded sentence show that the decisions rendered were actuated by corrupt practice or oblique motive — Held: The delinquent had no convincing explanation for the alleged conduct — The charge of misconduct was thus established - However, punishment of ‘dismissal’ is not proportionate to the misconduct — Hence, it is substituted to ‘compulsory retirement’ - Gujarat Civil Services (Discipline and Appeals) Rules, 1971 — Rule 6.Judiciary — Judicial officer ~— Misdemeanour alleged ~ Disciplinary proceedings — Held: Cases involving misdemeanour of judicial officer have to be dealt with sensitivity and care — A’ charge of misconduct against a judicial officer must be distinguished from a purely erroneous decision whether on law or on fact — The circumstances let into evidence to establish misconduct have to be sifted and evaluated with caution ~ Service Law.Constitution of India.Art.235 — Disciplinary jurisdiction of High Court-~ Scope of ~ Held. in exercise of its disciplinary jurisdiction, conferred w/Art. 235, the High Court has an obligation to apply its mind to a report submitted by the Disciplinary Committee as regards its acceptance — The Court is not bound by the decision of Disciplinary Committee. Art.226 — Jurisdiction under — Scope. of — While determining the correctness of charge of misconduct — Held: The High Court should not exercise its jurisdiction u/Art.226 unless the findings are found to be perverse or it is a case of no evidence — The |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2016 INSC 513 |
Petitioner | R.r. Parekh |
Respondent | Hlgh.court Of Gujarat & Anr. |
SCR | [2016] 5 S.C.R. 906 |
Judgement Date | 2016-07-12 |
Case Number | 6116-6117 |
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