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Supreme Court Reverses Kerala HC’s Disciplinary Action Against Judicial Officer

Supreme Court Reverses Kerala HC's Disciplinary Action Against Judicial Officer

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The Supreme Court set aside the Kerala High Court’s disciplinary proceedings against a Lakshadweep Judicial Officer, emphasizing that the High Court did not review critical case records before its ruling. The apex court reinstated the officer, highlighting the necessity for due process and thorough evidence examination in judicial matters.

New Delhi: In a landmark ruling, the Supreme Court has set aside the Kerala High Court’s 2022 decision to initiate disciplinary proceedings against a Judicial Officer serving in Lakshadweep, as seen in the case of K Cheriya Koya v. Mohammed Nazer MP and Others. The apex court emphasized that the High Court failed to consider critical records related to the case before ordering an inquiry into the officer’s conduct and subsequently suspending him.

The Supreme Court, through a bench comprising Justices Hrishikesh Roy and SVN Bhatti, highlighted a crucial oversight by the Kerala High Court. The court pointed out that the complete case records relevant to the judicial officer’s conduct were not reviewed prior to the High Court’s ruling. These records were received by the High Court only three days after the decision was rendered.

The justices stated,

“…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 controversy surrounding the judicial officer originated when eleven individuals filed two petitions before the Kerala High Court. They accused him of convicting them in a criminal case without the examination of the investigating officer and denying the accused the opportunity to cross-examine witnesses. This raised significant questions regarding the fairness and legality of the judicial proceedings.

On December 14, 2022, the Kerala High Court requisitioned the necessary case records from the Chief Judicial Magistrate in Amini, Lakshadweep. However, the matter was taken up again on December 23, 2022, where the High Court directed the Lakshadweep Administration to suspend the judicial officer, simultaneously ordering a detailed inquiry into his conduct.

In response to this ruling, the judicial officer filed a review plea, challenging the High Court’s decision. While the review plea was partially allowed, replacing the Kerala High Court as the disciplinary authority, the judicial officer remained aggrieved and escalated the matter to the Supreme Court.

The apex court’s findings underscored the necessity of a thorough examination of all relevant evidence before making decisions that affect the careers of judicial officers. It granted relief to the officer upon discovering that the December 2022 ruling of the High Court was passed without a comprehensive review of the case records. The Supreme Court ordered the matter to be returned to the Kerala High Court for a fresh examination.

In its directive, the Supreme Court stated,

“The learned Chief Justice of the High Court of Kerala will issue required orders for early hearing of the two restored petitions.”

This ruling not only reinstates the judicial officer’s position but also reaffirms the principle that due process must be followed in judicial proceedings, ensuring that all evidence is considered before any disciplinary action is taken.

This significant decision serves as a reminder of the importance of procedural integrity within the judicial system, emphasizing that justice must be administered fairly and transparently, safeguarding the rights of all parties involved.

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