SC upholds the Dismissal of the Civil Judge, just pronouncing the operative part is unbecoming of a judicial officer

Last Updated on April 13, 2023 by Administrator

The background of the case is that the respondent was a civil judge of the junior division in January 1995. However, in January 2005, the respondent was suspended as there were allegations against him of gross misconduct. After an inquiry was conducted, it was found that some charges are being proven and some are not. Another show cause notice was issued, after which a full court sat, and the dismissal of the judicial officer was decided.

On Monday the supreme court upheld the penalty of dismissal from the service of a civil judge on the grounds of committing gross misconduct. With this, the court set aside the order of the Division Bench of the Karnataka High Court.  The high court then ordered that the decision taken by the division bench which had set aside the penalty and the dismissal of the civil judge was wrong.

The bench comprised of Justices V. Ramasubramanian and Justice Pankaj Mithal had said that if the judicial officer is charged with the offense of gross misconduct and callousness in not preparing the judgments, is unacceptable.

The Supreme Court had said that a new jurisprudence was created by the High Court in saying that no inquiry will be conducted and the penalty was set aside by the Division Bench. The court through this was responding to the special leave petition that was filed by the Registrar General of Karnataka against the order of the Division Bench.

The apex court was of the view that there were serious allegations against the judge for just pronouncing the operative portion of the judgment when the whole text of the judgment was not ready. This is gross misconduct. Also, the departmental inquiry was done only for formality.

The court also rejected the defense that was raised that the inefficiency of the stenographer was the reason for the delay in the judgment. Finally, the appeal was allowed and the order that was set aside by the division bench was upheld.

Case Title: – The Registrar General High Court of Karnataka &Anr v. Sri M. Narasimha Prasad

Written By:- Shianjany Pradhan