Supreme Court sets aside termination of MP judicial officer

FILE : Supreme Court of India in New Delhi
NEW DELHI, Jan 5:  The Supreme Court on Monday set aside the termination of a Madhya Pradesh judicial officer, who was accused of adopting different yardsticks in granting bail to accused under the Excise Act and indulging in corrupt practices.
  A bench of Justices JB Pardiwala and KV Viswanathan said the judicial officer was terminated without following due process after serving the judiciary for 27 years with an “unblemished” career record.
The bench took serious note of increasing trend of frivolous allegations being levelled against judicial officers of lower judiciary on behest of aggrieved parties and emphasised the need for protecting such officers.
“It is the reason that officers of lower judiciary are reluctant to grant bail and the high courts and Supreme Court are burdened with bail petitions,” the top court observed.
It, however, batted for strict action, including criminal action, be taken against judicial officers indulging in corrupt practices to “weed out black sheep” from the judiciary.
The bench also flagged that even bar members indulged in levelling frivolous allegations against members of judiciary and warned that contempt action be taken against them.
Justice Viswanathan, who penned the verdict on behalf of the bench, said caution must be exercised by high courts in initiating disciplinary proceedings against judicial officers just because of their conflicting judicial orders.
“It should be ensured that only because an order is wrong or there is an error of judgement without anything more judicial officers are not put through the ordeal of such proceedings,” he said.
Justice Pardiwala, while concurring with the decision, hailed the verdict written by Justice Viswanathan, saying it is a “very bold judgement” which will go a long way in ensuring protection he honest judicial officers.
The top court directed payment of full monetary benefits to Madhya Pradesh judicial officer Nirbhay Singh Suliya till the time of his superannuation from service and set aside the termination order of September, 2015 and the high court’s order upholding his termination.  (PTI)