Supreme Court Reinstates Judicial Officer After 10 Years, Orders Full Pay
Supreme Court reinstates Madhya Pradesh judicial officer terminated 10 years ago, orders full back wages.
In a significant ruling, the Supreme Court on Monday quashed the termination of Madhya Pradesh judicial officer Nirbhay Singh Suliya, nearly a decade after he was removed from service over corruption allegations. The apex court also directed that he be paid full monetary benefits up to the date of his superannuation, holding that his dismissal was carried out without following due process.
A bench comprising Justices JB Pardiwala and KV Viswanathan expressed strong concern over the growing trend of “frivolous allegations” against officers of the lower judiciary. The court noted that Suliya had served for 27 years with an unblemished service record and was terminated despite the absence of a fair and lawful disciplinary procedure.
Justice KV Viswanathan, who authored the judgment, cautioned high courts against initiating disciplinary action merely because a judicial officer has passed conflicting or unpopular orders. He observed that judicial independence would be severely undermined if officers were penalised for their judicial discretion, particularly in matters such as granting bail.
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The bench, however, clarified that the ruling should not be seen as leniency toward corruption. It emphasised that strict action must be taken against judicial officers found guilty of corrupt practices to “weed out the black sheep” from the judiciary, while ensuring honest officers are protected from harassment.
The court also took serious note of allegations being made at the behest of disgruntled litigants and criticised members of the bar for levelling baseless charges against judges. Warning of possible contempt proceedings, the bench said such practices discourage trial court judges from granting bail, unnecessarily burdening higher courts. Justice Pardiwala termed the verdict a “bold judgment” that would strengthen confidence and protection for honest judicial officers.
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