Disciplinary Proceedings Against Judicial Officer Can't Be Quashed Merely For Absence Of Affidavit Supporting Allegations: Orissa High Court

The Orissa High Court has held that disciplinary proceedings initiated against a judicial officer cannot be quashed merely because the allegations, on the basis of which the action was taken, was not supported by a duly sworn-in affidavit. The requirement for sworn affidavits and verifiable material ensures that the process is fair and that decisions are not arbitrary.” Factual Background The petitioner while was working as the Senior Civil Judge-cum-Assistant Sessions Judge, Khariar in the district of Nuapada was subjected to a complaint made by the Secretary of the Judicial Bar Association, Khariar. In the complete and comprehensive reading of the said guideline, a complaint is not supposed to be ignored from its very inception without even verifying the legitimacy of the complaint as nowhere in the guideline the High Court is debarred from initiating its own enquiry over any complaint where the allegations prima facie reveals verifiable material supporting the complaint subject to an enquiry on the authenticity of the allegations against a concerned judicial officer.” In the present case, the Court observed, the complaint was duly signed by several members of the Bar, thus providing verifiable materials to substantiate the allegations. Resultantly, dismissing the plea of the petitioner to quash the disciplinary proceeding, the Court concluded: “Given the gravity of the allegations and the substantial evidence collected during the enquiry, prima facie there appeared material that the Petitioner's behaviour is inconsistent with the expectations and responsibilities of a judicial officer, undermining the integrity and reputation of the judiciary, warranting strict disciplinary action.” Case Title: Santosh Kumar Agarwal v. Orissa High Court, Cuttack & Ors.