Delhi HC Rejects Plea Against BCCI Team Named 'Team India', Terms it a Sheer Waste of Time  ||  Bombay HC: No Absolute Right for Citizens to Access Public Offices  ||  Delhi HC: Suit Withdrawal After Compromise Doesn’t Result in Executable Decree  ||  Delhi HC: ITSC Abolition Doesn’t Void Settlement Pleas Filed Between Feb 1–Mar 31, 2021  ||  Rajasthan HC: State Must Set Up Trauma Centre, Art Institute; Temple Board Can Only Assist  ||  Kerala HC: LIC Cancer Cover Starts From First Diagnosis After Waiting Period, Not Expert Opinion  ||  Kerala HC: Spouse’s Ill Treatment of Children is Cruelty under Section 10(1) Divorce Act  ||  Supreme Court Acquits Chennai Man Sentenced to Death in Child Rape-Murder Case  ||  SC: Only Disclosure Leading to Weapon Recovery Admissible under Section 27 Evidence Act  ||  Supreme Court Orders Strict Enforcement on Helmets, Lane Discipline & Headlight Use    

R.R. Parekh v. High Court of Gujarat and Ors. - (Supreme Court) (12 Jul 2016)

Conduct of judicial officer can be used to conclude charge of misconduct

MANU/SC/0767/2016

Miscellaneous

The Supreme Court upheld a 2012 judgment of the Gujarat high court that confirmed charges against the Appellant-Civil Judicial Magistrate at Bhuj in his improper trial of two criminal cases pertaining to offences under the Customs Act 1962 and the Imports & Exports (Control) Act 1947. In those cases, though appellant had convicted the accused, he had awarded a sentence of imprisonment less than the minimum prescribed and all the accused were granted a set-off.

It cautioned that direct evidence of corruption would not always be forthcoming in such a case of misconduct, and it was for the disciplinary authority to determine if a pattern interference emerged implicating the judicial officer - deeming the approach “robust common sense”.
BR<> The ongoing investigation into the “oblique” motives of the Appellant did not deter the court from inferring deliberate malaise. It noted the enormous quantity of contraband articles in the original customs case: 275 silver slabs worth nearly Rs. 6 crore. The appellant was an experienced adjudicator and could not be found “unmindful” and unaware of the sentencing provisions in such a serious crime - particularly over two sittings. Moreover, the less-than-appropriate sentences were imposed in a manner which would not require the accused to remain in jail beyond judgment. It concluded that such a course of action was sufficient to prove a charge of misconduct against the appellant.

Nevertheless, it reduced the punishment - from one of dismissal - to compulsory retirement, given that the appellant had reached the age of superannuation.

Tags : JUDICIAL OFFICER   MISCONDUCT   SENTENCING   CUSTOMS  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved