Wednesday, 30 May 2018

Who is competent authority for dismissal, removal, reduction in rank or termination of judicial officers?

This Court in Registrar (Admn.), High Court of Orissa, Cuttack v. Sisir Kanta Satapathy (dead) by L.Rs. and Anr. MANU/SC/0573/1999 : (1999) 7 SCC 725, while considering the scope of Articles 233, 234 and 235 of the Constitution of India has held

that the control vested in the High Court over the subordinate judiciary though absolute and exclusive, has to be exercised without usurping the power vested in the executive under the Constitution.
The High Court retains the power of disciplinary control over the subordinate judiciary, including the power to initiate disciplinary proceedings, suspend them pending enquiry and impose punishment on them. But when it comes to the question of dismissal, removal, reduction in rank or termination of judicial officers on any count whatsoever, the High Court becomes only the recommending authority and cannot itself pass such an order. The High Court has to send its recommendations to the Governor because the Governor is the authority to dismiss, remove, reduce in rank or terminate the appointment.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 10244 of 2017 (Arising out of SLP (C) No. 13525/2016)

Decided On: 08.08.2017

 P.D. Goel Vs.  High Court of Himachal Pradesh


Hon'ble Judges/Coram:
Jasti Chelameswar and S. Abdul Nazeer, JJ.

Citation: (2017) 16 SCC 390.
Read full judgment here: Click here

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