The Supreme Court recently set aside the Kerala High Court's 2022 decision to order the initiation of disciplinary proceedings against a Judicial Officer who was serving in Lakshadweep [K Cheriya Koya v. Mohammed Nazer MP and Others].
The Court noted that the complete records relevant to the case - which the judicial officer was alleged to have mismanaged - were not considered by the High Court before it ordered the inquiry against the officer and his suspension.
In this regard, the top court pointed out that the relevant case records of the trial court were received three days after the High Court passed its ruling.
The Bench of Justices Hrishikesh Roy and Justice SVN Bhatti opined that this lapse by the High Court rendered the initiation of the disciplinary enquiry against the judicial officer (the trial court judge) invalid.
"...the record from the Court of the CJM, Amini was received in the High Court’s only on 26.12.2022, whereas the High Court judgment was rendered prior to such receipt, on 23.12.2022. The adjudication of the matter on 23.12.2022, in the absence of the complete records being reviewed, would render the said order dated 23.12.2022 legally invalid and is liable to be set aside. The disciplinary proceedings against the appellant have been initiated on the basis of the said legally invalid order," the Supreme Court observed in its September 23 order.
The judicial officer was serving as a judicial magistrate in Amini, Lakshadweep when eleven persons filed two petitions before the Kerala High Court accusing him of convicting them in a criminal case without examining the investigating officer and without affording an opportunity to the accused to cross-examine witnesses.
On December 14, 2022, the High Court requisitioned the relevant case records from the court of the Chief Judicial Magistrate in Amini, Lakshadweep, in a sealed cover.
The High Court took up the matter next on December 23, 2022, and directed the Lakshadweep Administration to suspend the judicial officer, while ordering a detailed inquiry into his conduct.
The judicial officer filed a review plea challenging the correctness of this decision, which was only partly allowed by substituting the Kerala High Court as the disciplinary authority.
Aggrieved, the judicial officer then approached the apex court.
The Supreme Court proceeded to grant him relief on finding that the December 2022 High Court order was passed three days before the High Court had an opportunity to examine the case records requisitioned from the trial court.
The Court sent back the matter to the Kerala High Court for a fresh decision.
"The learned Chief Justice of the High Court of Kerala will issue required orders for early hearing of the two restored petitions," the top court's order added.
Senior Advocate CU Singh and advocate EMS Anam, appeared for the judicial officer.
Senior Advocates Raghenth Basant and PN Ravindran and advocates Bijo Mathew Joy, TG Narayanan Nair and Samyuktha H Nair, appeared for the respondents.
[Read Judgment]