Dismissal for outsourcing judgments upheld

The Supreme Court has upheld the summary dismissal of a subordinate judicial officer for outsourcing some of his judgments.
A Bench of Justices Mukundakam Sharma and Anil Dave said that during an inspection by a (Jharkhand High Court) judge it was found that the officer did not prepare judgments on his own. Instead he got them prepared through somebody before delivering the verdict.
No evidence

Ajit Kumar, a subordinate judge in Garhwa, was aggrieved at his being sacked without an enquiry under Article 311 of the Constitution. He contended that there was no evidence on record to show that he was guilty of any misconduct and that his removal without notice was illegal. The Jharkhand High Court dismissed his petition and he preferred an appeal.

The Supreme Court said: “Indisputably, the inspecting judge submitted his report to the Chief Justice of the High Court, and the High Court was of the opinion that it is not possible to hold an enquiry in the case and that holding an enquiry should be dispensed with in view of the fact that if an enquiry is held, the same may lead to the question of validity of several judgments delivered by the appellant.”

Valid ground

Writing the judgment, Justice Sharma pointed out that the reason recorded by the High Court was a legal and valid ground for not holding an enquiry.

Rejecting the appellant's contention, the Bench said Article 311 (2) (b) provided for dismissal without enquiry if it was not practicable to hold one.