2013 (3) TMI 616 - SC - Indian Laws

Court sets aside compulsory retirement order of judicial officer due to procedural lapses & lack of evidence.

The court allowed the appeal, setting aside the compulsory retirement order of a judicial officer due to procedural lapses and lack of credible evidence. ... Whether the High Court failed to appreciate that the appellant had not granted long adjournments to the accused-complainant as the appellant wanted to conclude the trial at the earliest? Whether the Enquiry Officer, the High Court on administrative side as well as on judicial side, committed a grave error in placing reliance on the statement of the complainant as well as of Shri C.B. Gajjar, Advocate, recorded in a preliminary enquiry? Whether High Court erred in shifting the onus of proving various negative circumstances upon the appellant who was delinquent in the enquiry? Whether the onus lies on the department to prove the charge and it failed to examine any of the employee of the court, i.e., Stenographer, Bench Secretary or Peon attached to the office of the appellant for proving the entry of Shri Gajjar, Advocate in her chamber on 17.8.1993? Whether the complainant has been disbelieved by the Enquiry Officer as well as the High Court on various issues, particularly on the point of his personal hearing, the conversation between the appellant and Shri C.B. Gajjar, Advocate on 17.8.1993, when they met in the chamber? Whether the allegation of the complainant, that appellant had threatened him through his wife, forcing him to withdraw the complaint against her, has been disbelieved? Whether the complainant as well as Shri C.B. Gajjar, Advocate had been talking about the appellant’s husband having collecting the amount on behalf of the appellant, for deciding the cases, though at that point of time, she was unmarried? Whether there is nothing on record to show that the appellant whose defence has been disbelieved in toto, had ever been given any adverse entry in her ACRs, or punished earlier in any enquiry. While she has been punished solely on uncorroborated statement of an accused facing trial for misappropriation? Issues Involved:1. Standard of proof in a Departmental Enquiry.2. Duty of Higher Judiciary to protect subordinate judicial officers.3. Scope of Judicial Review.4. Punishment in corruption cases.Detailed Analysis:I. Standard of Proof in a Departmental Enquiry:The court examined the standard of proof required in departmental proceedings, which are quasi-criminal in nature. It was held that while the charges in a departmental proceeding need not be proved beyond a reasonable doubt as in a criminal trial, there must be some evidence to prove the charge. The Enquiry Officer must conclude based on a preponderance of probability, considering only relevant facts and not shifting the burden of proof. The court cited M. V. Bijlani v. Union of India, Prahlad Saran Gupta v. Bar Council of India, and Noor Aga v. State of Punjab to support this standard.II. Duty of Higher Judiciary to Protect Subordinate Judicial Officers:The court emphasized the obligation of higher judiciary to guide and protect honest judicial officers who may face adversaries due to their strictness. Citing Ishwar Chand Jain v. High Court of Punjab and Haryana and Yoginath D. Bagde v. State of Maharashtra, the court stressed that complaints against judicial officers should be scrutinized carefully to avoid demoralizing the judiciary and ensuring they can function independently and fearlessly.III. Scope of Judicial Review:Judicial review in disciplinary proceedings is limited to ensuring that the conclusion is based on evidence and not on extraneous grounds. The court cannot re-appreciate the evidence as an appellate authority. The review is confined to checking if the decision-making process was fair and lawful. The court cited State of T.N. v. S. Subramaniam and Zora Singh v. J.M. Tandon to illustrate the limited scope of judicial review.IV. Punishment in Corruption Cases:The court reiterated that in cases involving corruption, the punishment should be severe, typically leading to dismissal. It referred to Municipal Committee, Bahadurgarh v. Krishnan Bihari and Divisional Controller N.E.K.R.T.C. v. H. Amaresh to underline that leniency in corruption cases is opposed to public interest.Case Analysis:The case involved an appellant, a judicial officer, who was compulsorily retired based on charges of demanding illegal gratification. The court analyzed the evidence and procedures followed in the departmental enquiry and found several procedural lapses and reliance on unsubstantiated evidence.Key Findings:1. Reliance on Preliminary Enquiry: The Enquiry Officer and the High Court relied heavily on statements made during the preliminary enquiry, which were not part of the regular enquiry and were recorded without the appellant's opportunity to cross-examine the witnesses. This reliance was found to be against the principles of natural justice.2. Burden of Proof: The High Court erroneously shifted the burden of proving negative circumstances onto the appellant. The court clarified that it was the department's responsibility to prove the charges against the appellant.3. Witness Credibility: The court noted that key witnesses, including the complainant and advocate, had made statements that were not corroborated by any direct evidence. The complainant's testimony was found unreliable as he admitted not hearing the alleged conversation and had a motive to fabricate the charges due to the appellant's strict handling of his case.4. Procedural Fairness: The court highlighted that the appellant was not given a fair opportunity to defend herself, as the evidence from the preliminary enquiry was improperly used in the regular enquiry.5. Exoneration: Given the procedural irregularities and lack of substantive evidence, the court set aside the compulsory retirement order. However, since the appellant had already reached superannuation, the court did not grant substantive relief but exonerated her honorably of all charges and awarded costs of Rs. 5 lakhs to be paid by the State of Gujarat.Conclusion:The appeal was allowed, setting aside the compulsory retirement order due to procedural lapses and lack of credible evidence. The court underscored the importance of adhering to principles of natural justice and protecting judicial officers from baseless allegations.