8 years, 9 months ago

Dismissal of Judge for awarding lesser Sentence: SC modifies the HC Order [Read Judgment]

The Apex Court has upheld a Gujarat High Court Judgment which had refused to interfere with the findings of disciplinary committee which had held a Judicial officer guilty of misconduct, for having awarded a sentence of imprisonment less than the minimum prescribed by the statute, while he was serving as a judge. Apex Court bench comprising of the Chief Justice T S Thakur and Justice Dr D. The Apex Court has upheld a Gujarat High Court Judgment which had refused to interfere with the findings of disciplinary committee which had held a Judicial officer guilty of misconduct, for having awarded a sentence of imprisonment less than the minimum prescribed by the statute, while he was serving as a judge. Disciplinary Committee consisting of two judges of the High Court did not agree with the reasons adduced by the Inquiry Officer but nonetheless was of the view that the Judge should be exonerated. The contention of the Judge before the Apex Court was that there was no warrant for the Full Court to require a reconsideration of the decision initially taken by the Disciplinary Committee.

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