The Chhattisgarh High Court upheld the termination of a Trial Court judge for filing mala fide criminal cases against the senior judges of the High Court. The Court emphasized that such actions shall tarnish the reputation of the institution as well as malign the judiciary itself.
Brief Facts of the Case
The petitioner, a Civil Judge, appointed in 2005 adjudicated as a member of Lower Judicial Service in Chhattisgarh. The petitioner was served with a show-cause notice due to his conduct and language used while corresponding with higher authorities. The petitioner also filed criminal cases through his wife against former Chief Justice and senior judges of the High Court under sections of criminal conspiracy in the Indian Penal Code. On 29.03.2016, the Full Bench of the High Court dismissed him for services based on the report submitted by the Registrar General.
The petitioner contended the dismissal to be per se illegal, arbitrary and vindictive. It was also contended that an inferior authority passed the order without constituting any inquiry under Article 311 of the Constitution.
The Court accepted the submissions of the respondents alleging petitioner’s misfit behaviour since the appointment. The petitioner had passed adverse comments casting serious aspersions and insinuations against his colleagues and higher officials. Thus, the Court invoked the provisions of Article 311(2)(b) which empowers the authority to dismiss a person without inquiry. The petitioner’s conduct spoke for itself as to not qualify for a judicial officer.
Further, the Court acknowledged the frivolous and fabricated complaints filed against IPS officers and sitting MLA without prior permission from the High Court. This cannot be treated as a prudent act on the part of a judicial officer entrusted with responsibility. The Court remarked- “It is always expected that a judicial officer discharges his work and duties in tranquillity and conducts in a manner as if he is a hermit.”
Moreover, the Court noted that the courage of subordinate judiciary to malign the senior officials could jeopardize the interests of the institution. The petitioner always has an aggressive approach and has used foul language in most of his averments. Hence, the petitioner interfered with his judicial duties for advancing personal ambitions. The Court, thus, asserted that- “Considering the independence of the judiciary, personal and official conduct of men who preside over the most important branch of State has to be approached with care and caution”.
Justice P. Sam Koshy pronounced the final order in the four-year-long proceedings. The Court upheld the dismissal from services while referring to the Full Court recommendation under Article 311(2) of the Constitution. It has also disposed of all the criminal cases filed by the petitioner against higher judicial officers. It asserted- “It is a case where there are a series of correspondences repeatedly casting serious insinuations, making unscrupulous allegations and obnoxious comments all of which are false, scurrilous and malicious against the Chief Justice and other senior judges of the High Court.”
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