KRISHNA PRASAD VERMA (D) THR. LRS. versus STATE OF BIHAR & ORS.

Citation: [2019] 12 S.C.R. 861 · Decided: 26-09-2019 · Supreme Court of India · Bench: DEEPAK GUPTA · Disposal: Appeal(s) allowed

Cited by 4 judgment(s) · cites 3 · see the full citation network in Lexace

Judgment (excerpt)

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KRISHNA PRASAD VERMA (D) THR. LRS.
v.
STATE OF BIHAR & ORS.
Civil Appeal No. 8950 of 2011
SEPTEMBER 26, 2019
[DEEPAK GUPTA AND ANIRUDDHA BOSE, JJ.]
Judiciary:
Judicial service – Disciplinary proceedings – Against judicial
officer – On two charges (i) granting bail without noticing order
of superior court and (ii) closing evidence without ensuring
production of witnesses –  Found guilty of misconduct – Propriety
of – Held: Art.235 of the Constitution vests control of subordinate
courts upon High Court – High Courts are also the protectors and
guardians of judges falling within their administrative control –
In order to ensure independence of subordinate judiciary
disciplinary action should not be taken against judicial officers
just because they passed wrong orders, unless there are clear-cut
allegations of misconduct, extraneous influences, gratification of
any kind etc. – The appropriate action for passing wrong order
would be to record the same on the administrative side and place
it on the service record of the officer concerned and the same can
be taken into consideration while considering career progression
of such officer – If there is continuous flow of wrong or illegal
orders, the proper action would be to compulsorily retire the
judicial officer – In the facts of the present case, the delinquent
officer cannot be held guilty of misconduct – The orders passed
against the delinquent officer are quashed – Constitution of India
– Art.235.
Allowing the appeal, the Court
HELD: 1.1 There can be no Rule of Law, there can be no
democracy unless there is a strong, fearless and independent
judiciary. This independence and fearlessness is not only
expected at the level of the Superior Courts but also from the
District judiciary. Therefore, it is important that the judiciary at
the District Level and at the Taluka level is absolutely honest,
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   [2019] 12 S.C.R. 861
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SUPREME COURT REPORTS
[2019] 12 S.C.R.
fearless and free from any pressure and is able to decide cases
only on the basis of the facts on file, uninfluenced by any
pressure from any quarters whatsoever. [Para 1 and 2] [864-H;
865-A-B]
1.2 Article 235 of the Constitution of India vests control
of the subordinate Courts upon the High Courts. The High
Courts exercise disciplinary powers over the subordinate
Courts. The High Courts are also the protectors and guardians
of the judges falling within their administrative control. Action
should not be taken against judicial officers only because wrong
orders are passed. No doubt, there has to be zero tolerance for
corruption and if there are allegations of corruption, misconduct
or of acts unbecoming a judicial officer, these must be dealt with
strictly. However, if wrong orders are passed that should not lead
to disciplinary action unless there is evidence that the wrong
orders have been passed for extraneous reasons and not
because of the reasons on the file. If any judicial officer conducts
proceedings in a manner which would reflect on his reputation
or integrity or there is prima facie material to show reckless
misconduct on his part while discharging his duties, the High
Court would be entitled to initiate disciplinary cases but such
material should be evident from the orders and should also be
placed on record during the course of disciplinary proceedings.
[Paras 3,4 and 8] [865-C-F; 868-D]
1.3 It is not that if a judicial officer passes a wrong order,
then no action is to be taken.  In case a judicial officer passes
orders which are against settled legal norms but there is no
allegation of any extraneous influences leading to the passing
of such orders then the appropriate action which the High Court
should take is to record such material on the administrative side
and place it on the service record of the judicial officer
concerned. These matters can be taken into consideration while
considering career progression of the concerned judicial officer.
Once note of the wrong order is taken and they form part of the
service record these can be taken into consideration to deny
selection grade, promotion etc., and in case there is a continuous
flow of wrong or illegal orders then the proper action would be
to compulsorily retire the judicial officer, in accordance with the
Rules. Unless there are clear-cut allegations of misconduct,
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extraneous influences, gratification of any kind etc., disciplinary
proceedings should not be initiated merely on the basis

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