![Bombay HC Refuses To Interfere In Departmental Inquiry Ordered Against Civil Judge For Abuse Of Power [Read Judgment]](/static/images/error.jpg)
Bombay HC Refuses To Interfere In Departmental Inquiry Ordered Against Civil Judge For Abuse Of Power [Read Judgment]
Live LawThe Bombay High Court has refused to exercise extraordinary jurisdiction under Article 226 of the Constitution and dismissed a couple of petitions challenging an order of the Registrar General of the High Court wherein a departmental inquiry was ordered against the petitioner who is a Civil Judge Junior Division.A bench of Justice RM Sawant and SV Kotwal was hearing a petition filed by. The Bombay High Court has refused to exercise extraordinary jurisdiction under Article 226 of the Constitution and dismissed a couple of petitions challenging an order of the Registrar General of the High Court wherein a departmental inquiry was ordered against the petitioner who is a Civil Judge Junior Division. Consequently, the complaint was placed before the disciplinary committee comprising of the judges of the high court, which directed the Principal District Judge of Jalna to conduct a fact-finding inquiry. Referring to Rule 8 of the Maharashtra Civil Service Rules, the court said- “A reading of the said Rule 8 therefore discloses that the discretion is of the Disciplinary Authority if it is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against a Government servant.” After examining the submissions of both parties, the court further noted- “In our view, the commencement of the said two disciplinary proceedings against the Petitioner cannot be said to be without jurisdiction as is sought to be contended by the Learned Counsel for the Petitioner as being in violation of the circulars issued by the Hon’ble The Chief Justice of India.
History of this topic

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