Dictating concluding portion without preparing entire judgment is completely unbecoming of a judicial officer: Supreme Court

The Supreme Court upheld the dismissal of a civil judge from service on the basis of gross misconduct. The bench, Justice Pankaj Mithal and Justice V. Ramasubramanian, stated that a judicial officer cannot pronounce the concluding portion of the judgment in an open Court without entire text of the judgment being prepared. The top Court further added, “All that the respondent has done in the departmental enquiry is just to pass on the responsibility to the inefficient and allegedly novice stenographer.” The bench remarked, “We do not know how the findings with regard to such serious charges have been completely white-washed by the High Court in the impugned judgment.” Along with this, the top Court also opined that negligence and callousness on the respondent’s part in not dictating the judgments is completely unacceptable and unbecoming of a judicial officer. The bench also highlighted that “We have not come across a case where the High Court, while setting aside an order of penalty  has held that there shall not  be any further inquiry against the delinquent.”

In this case, the respondent was appointed as a Civil Judge (Junior Division) vide a notification on 31 January, 1995 but on certain allegations of gross misconduct, the respondent was placed under suspension by an order delivered on January 25, 2005. It was determined through enquiry reports that some of the allegations were true. Further, in October 2008, second show cause notice was issued and thereafter the Full Court of the Karnataka High Court resolved on to impose the penalty of dismissal from service upon the respondent. On the basis of the resolution of the Full Court, an order of dismissal from service was passed by the Governor of Karnataka. Further, challenging the findings of the enquiry officer, the respondent filed a set of three writ petitions and challenging the order of dismissal from service, the respondent filed a separate writ petition. All these writ petitions were dismissed by a learned Judge; therefore, the respondent filed intra-court appeals. Those appeals were allowed by the Division Bench of the High Court. The matter was then presented before the Supreme Court where the appeals were allowed.

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