Bombay HC Refuses To Interfere In Departmental Inquiry Ordered Against Civil Judge For Abuse Of Power [Read Judgment]
6 years, 9 months ago

Bombay HC Refuses To Interfere In Departmental Inquiry Ordered Against Civil Judge For Abuse Of Power [Read Judgment]

Live Law  

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.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

Tribunal slams J&K official for threatening litigants, court
1 day, 8 hours ago
Court Cannot Act As Disciplinary Authority To Decide Correctness Of Allegations Against Delinquent Employee: Rajasthan HC
1 week, 4 days ago
Karnataka High Court orders departmental inquiry against police inspector for interfering in civil dispute between Uttaradi Mutt and Raghavendra Swami Mutt
Trending News
2 weeks, 3 days ago
Karnataka High Court refuses to interfere with sanction granted for prosecuting three officials for ‘illegally’ favouring former Chief Secretary’s mother
3 weeks ago
No Hearing Given: Rajasthan HC Quashes Trial Court Order Making Adverse Remarks Against Circle Officer For Alleged Negligence In Probe
3 weeks ago
Rajasthan HC Sets Aside Termination Of Govt Employee For Appearing As Dummy Candidate In Exam, Says Charge Wasn't Included In Charge-Sheet
2 months, 2 weeks ago
Gujarat HC Calls For Explanation From Judicial Officer Over 'Serious Allegations' On Conduct While Hearing Cheating Case
2 months, 3 weeks ago
HC quashes SC, ST case against judicial officers filed by their colleague
2 months, 3 weeks ago
'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas
3 months ago
Kerala HC Extends Nodal Officer's Jurisdiction To Receive Complaints Of Victims From Film Industry Who Were Not Before Hema Committee
3 months, 1 week ago
Rajasthan Civil Services Rules | Apprehension Of Inquiry Taking Long Time Not Ground To Ward Off Disciplinary Inquiry U/S 19: High Court
3 months, 3 weeks ago
Judicial Forum Not For Harassing A Person, But To Protect Parties' Rights: Madhya Pradesh HC Pulls Up Complainant For Suppressing Facts
4 months ago
Bombay HC Nixes Order Granting Company, Which Had Not Denied Its Outstanding Dues, Unconditional Leave To Defend In Summary Suit
4 months ago
Enquiry Officer Acting As Prosecutor And Leading Examination-In-Chief Vitiates Departmental Enquiry: Rajasthan High Court Reiterates
6 months, 2 weeks ago
Telangana HC Summons Co-op Commissioner Over Non-compliance
6 months, 3 weeks ago
SC asks CBI to probe ‘abduction’ of dentist by Chandigarh Police
7 months ago
Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
7 months, 3 weeks ago
Issuing Summons In Defamation Cases Cannot Be A Mechanical Exercise, Requires Proper Application Of Mind: J&K High Court
7 months, 3 weeks ago
Karnataka High Court Stays Financial Impropriety Probe Against IIM-Bangalore Professor Who Levelled Allegations Of Caste Bias
8 months, 2 weeks ago
'Sordid State Of Affairs': Bombay High Court Orders SP To Personally Look Into Rape Probe After Noting IO May Have Ulterior Intentions
11 months ago
Punjab & Haryana HC Dismisses Criminal Case Over 22 Yrs Old Land Dispute, Says Prosecution Can't Abuse Legal Remedies To Further Malicious Agenda
1 year ago
Keep off civil disputes, HC tells police inspector again
1 year, 2 months ago
HC tells police to complete probe in trespass case
1 year, 3 months ago
Abusing Police Officer Over Phone Not An Offence U/S 294(b) IPC: Kerala High Court
1 year, 5 months ago
Rajasthan High Court Upholds Order Taking Cognizance Against Police Officer For Allegedly Hurling Caste Based Abuses
1 year, 6 months ago
Calcutta High Court Denies Relief To Bank Manager Accused Of ‘Threatening’ Employee Who Complained Of Illegal Termination
1 year, 6 months ago
Allahabad HC Orders Inquiry Into Allegations Against An SHO Of Misbehaving With Women, Beating An Old Man In Police Station
1 year, 6 months ago
"Frivolous Litigation": Kerala High Court Upholds Dismissal Of Criminal Complaint Against 48 High Ranking Bureaucrats, Police Officials
1 year, 7 months ago
Two lawyers move Bombay High Court for case against cops who assaulted them
1 year, 9 months ago
Courts Ought To Refrain From Interfering With Findings Of Facts In Departmental Inquiries Unless There Are Exceptional Circumstances: Supreme Court
2 years, 3 months ago
Revisional Power Can't Be Invoked With Unclean Hands: Gujarat HC Upholds Rejection Of Caste Abuse Complaint In Counterblast To Electricity Theft Case
2 years, 7 months ago
Bombay HC pulls up lawyer who approached judge's secretary for trying to change judicial order
2 years, 7 months ago
Bombay High Court Expresses Strong Displeasure On Forest Authorities And Revenue Department In Private Forest Land Matter Inspite Of Supreme Court Orders
2 years, 7 months ago
"Explain Why": Bombay High Court Livid After MMRDA Demolishes Alleged Illegal Structure 15-30 Mins Before Court Hearing
2 years, 9 months ago
If Allegations In FIR Are Not Substantiated, Continuance Of Investigation Is Abuse Of Law: J&K&L High Court Quashes Corruption FIR Against SHO
2 years, 10 months ago
No Previous Sanction Required To Prosecute Bank Officials In Connection With IPC/RPC Offences: Jammu & Kashmir & Ladakh HC
2 years, 10 months ago
Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court
2 years, 11 months ago
Writ Court Can't Sit In Appeal Over Departmental Proceedings, Particularly When There Are Concurrent Findings On Charge: Jharkhand HC
3 years, 1 month ago
No Likelihood Of Bias Just Because CBI Director Is Ex-DGP : Bombay High Court Rejects Maharashtra's Plea For SIT In Anil Deshmukh Case
3 years, 3 months ago
Bombay HC dismisses Maha govt's plea to transfer Anil Deshmukh probe from CBI to SIT
3 years, 3 months ago
Bengaluru Police Commissioner Moves Karnataka HC Against Magistrate's Order To Probe Complaint Alleging Delay In Ramesh Jarkiholi Case
3 years, 4 months ago
Bombay HC Dismisses Kangana Ranaut’s Plea in Javed Akhtar Defamation Case
3 years, 6 months ago
'Arbitrary Exercise Of Power': Kerala High Court Quashes District Collector's Order Cancelling Appointment of Seva Bharati As Relief Agency
3 years, 6 months ago
'CBI FIR Simply Copy-Pastes Param Bir's Petition; This Is Overreaching Court Order': Maharashtra Govt Argues In Bombay High Court
3 years, 9 months ago
BREAKING : Justice BR Gavai Recuses From Hearing Param Bir Singh's Plea Against Maharashtra Govt Inquiries
3 years, 10 months ago
Breaking: Maharashtra Govt, Anil Deshmukh Move Supreme Court Against Bombay HC Order For CBI Probe On Param Bir Singh's Allegations
3 years, 11 months ago
Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi
4 years, 1 month ago
Case Has Traits Of Civil Dispute: Punjab & Haryana High Court Asks Police To Stop Registering FIRs In Civil Matters [Read Order]
4 years, 4 months ago
Karnataka HC Refuses To Quash Corruption Case Against Former CM H D Kumarswamy [Read Order]
4 years, 5 months ago
'No Civil Or Criminal Proceedings Against Acts Done By Judicial Officers In Discharge Of Official Duties': Karnataka HC Quashes Complaint Against Magistrate [Read Order]
4 years, 5 months ago

Discover Related