NEW DELHI: The Supreme Court on Monday set aside the termination of Madhya Pradesh judicial officer Nirbhay Singh Suliya, who was removed on allegations of corruption. The court also ordered full payment of wages to him.
"We direct payment of full monetary benefits to Madhya Pradesh judicial officer Nirbhay Singh Suliya till the time of his superannuation from service and set aside the termination order of September, 2015 and the high court's order upholding his termination," said a two-judge bench of the apex court, headed by Justice JB Pardiwala and also comprising Justice KV Viswanathan.
Suliya was accused of adopting different yardsticks in granting bail to accused under the Excise Act and indulging in corrupt practices.
The top court, while setting aside the suspension order of Suliya, noted that the judicial officer was terminated without following the due process after serving the judiciary for 27 years with an "unblemished" career record.
The bench expressed its displeasure over the way there was an increasing trend of frivolous allegations being levelled against judicial officers of lower judiciary on behest of aggrieved parties and emphasised the need for protecting such officers.
"Caution must be exercised by high courts in initiating disciplinary proceedings against judicial officers just because of their conflicting judicial orders. It should be ensured that only because an order is wrong or there is an error of judgement without anything more judicial officers are not put through the ordeal of such proceedings," said the apex court in its order on Monday.
Before passing the order, the apex court said, in case the person engineering false and frivolous complaints is a recalcitrant member of the Bar, apart from proceeding with contempt reference to the Bar Council be made for disciplinary action. Bar Councils on receipt of such reference to dispose of the matter expeditiously.
The court also clarified in its order that equally, if the complaint of misconduct against a judicial officer is found to be prima facie true, prompt action to initiate disciplinary proceedings should be taken and no leniency should be shown if the charges are established.
Pointing out that in appropriate cases where criminal prosecution is warranted against the judicial officer the High Court should not hesitate to have the same initiated, the SC stated that was the only way to weed out black sheep sullying the fair name of the judiciary.
While granting relief to Suliya, the court said, the appellant (Suliya) has to be deemed to have continued till the normal age of superannuation with full back wages and all consequential benefits. Monetary benefits to be released within eight weeks with 6% interest. Let a copy of this judgement be transmitted to all High Courts.
The court highlighted that this judgement will go a long way in protecting judicial officers of the district Judiciary from being subjected to department action for alleged wrong or incorrect exercise of discretion in passing orders of bail without anything more.
"It goes without saying that corruption in the Judiciary at any level is intolerable as corruption severely undermines the core of the administration of justice and erodes public trust in the rule of law," said the apex court.