IMPORTANT POINT
Judiciary is the repository of public faith. It is high time the judiciary must take utmost care to see that temple of justice do not crack from inside, which will lead to catastrophe in the justice delivery system resulting in the failure of public confidence in the system.

Headnote:Constitution of India-Articles 14, 32 and 226-Allotment of Government land in Salt Lake City, Calcutta from discretionary quota of the Chief Minister-Misuse of judicial function-Writ petition was filed for quashing the allotment-Case was listed before Justice Banerjee-Justice Banerjee had made an application before the Chief Minister for allotment of a plot of land in Salt Lake City-The Judge kept the matter with him, pursued it and passed subsequent orders till the allotment order was made in his favour from the discretionary quota of the Chief Minister-Matter was kept part heard throughout till the Judge retired in 1998-On 24-7-1987, the Chief Minister passed an order allotting a plot of land in favour of Justice Banerjee from his discretionary quota in Salt Lake City, in which name of Justice Banerjee appeared at Sl.No. 1-On the same day also the matter was listed before Justice Banerjee-Formal allotment of plot of land was made on 16-10-1987-Respondent s defence that there was no nexus between the judicial orders passed and allotment made in favour of respondent No. 24, Justice Banerjee-Not acceptable-It was a case of misuse of judicial function-Order passed by the Chief Minister allotting plot of land in favour of respondent 24 quashed and cancelled.
       Held : It must be grasped that judicial discipline - is self discipline. The responsibility is self responsibility. Judicial discipline is an inbuilt mechanism inherent in the system itself. Because of the position that we occupied and the enormous power we wield, no other authority can impose a discipline on us. All the more reasons Judges exercise self discipline of high standards. The character of a Judge is being tested by the power he wields. Abraham Lincoln once said, "Nearly all men can stand adversity, but if you want to test a man s character give him power". Justice delivery system like any other system in every walk of life will fail and crumble down, in the absence of integrity. Again, like any other organ of the State, judiciary is also manned by human beings - but the function of judiciary is distinctly different from other organs of the State - in the sense its function is divine. Today, judiciary is the repository of public faith. It is the trustee of the people. It is the last hope of the people. After every knock at all the doors failed people approach the judiciary as the last resort. It is the only temple worshipped by every citizen of this nation, regardless of religion, caste, sex or place of birth. Because of the power he wields, a Judge is being judged with more stricter than others. Integrity is the hall-mark of judicial discipline, apart from others. It is high time the judiciary must take utmost care to see that temple of justice do not crack from inside, which will lead to catastrophe in the justice delivery system resulting in the failure of Public Confidence in the system. We must remember that woodpeckers inside pose a larger threat than the storm outside. Since the issue involves in the present controversy will have far reaching impact on the quality of judiciary, we are tempted to put it on record which we thought it to be a good guidance to achieve the purity of Administration of Justice. Every human being has his own ambition in life. To have an ambition is virtue. Generally speaking, it is a cherished desire to achieve something in life. There is nothing wrong in a Judge to have ambition to achieve something, but if the ambition to achieve is likely to cause compromise with his divine judicial duty, better not to pursue it. Because if a judge is too ambitious to achieve something materially, he becomes timid. When he becomes timid there will be tendency to compromise between his divine duty and his personal interest. There will be conflict in between interest and duty. This is what exactly has happened in this case. With due respect to the learned Judge, Justice B.P. Banerjee, he has mis-used his divine judicial duty as liveries to accomplish his personal ends. He has betrayed the trust reposed in him by the people. To say the least, this is bad. The matter could have been different if the learned Judge got allotment from the Chief Minister s quota simpliciter like any other citizen. In the back-drop of the facts and circumstances, as recited above, we are of the view that the conduct of the learned Judge is beyond condonable limits. We are aware that the order, we propose to pass, no doubt is painful, but we have to perform a painful duty to instill public confidence in the Judiciary. It is a case where a private interest is pitted against a public interest. It is now well-settled principle of law that in such cases the latter must prevail over the former. Consequently, the order dated 24.7.1987 passed by the Chief Minister and the formal allotment order dated 16.10.1987 allotting plot No. FD 429 measuring 4 Cottahs in Salt Lake City in favour of respondent No. 24- Justice B.P. Banerjee are hereby quashed and cancelled. The plot shall stand vested with the Government. (Paras 21 to 24)
       The question now to be considered is with regard to the price of the house on the plot of land. We give the following directions:
        (i) The Government may appoint a Govt. Valuer and after assessing the cost of construction, at the prevailing rate at the time of construction, (cost of land will not be included), offer the said price to respondent No. 24 and the Govt. may take over the building. In this event the Government should give to respondent No. 24 one year s time to vacate, provided respondent No. 24 and all family members and persons residing in the bungalow file an undertaking in this Court within 8 weeks from today, that they will hand over to the Government vacant and peaceful possession at the end of one year.
        (ii) Alternatively, if respondent No. 24 feels that he should receive the prevalent market value for the bungalow, he may so intimate the Government. The Government may then put the house along with the land for public auction by advertising the same in two national dailies and one local daily, if any, widely circulated in the area and offer to sell the house to the highest bidder.
        (iii) In the case, as in clause (ii.), there would be two separate bids- one for the house and the other for the land. In respect of the house the reserve price should be fixed which shall not be less than the market value of a bungalow of this type at present rates. Such valuation to be fixed by the Government Valuer. The value to be based on vacant possession being delivered to the purchaser.
        (iv) The price of the house fetched in the auction sale be paid to Justice B.P. Banerjee and he must within a week of receipt of the price hand over vacant and peaceful possession to the purchaser. If not delivered, the Government to ensure eviction and delivery of possession to the purchaser.
        (v) The process of the aforesaid directions shall be completed within six months from the date of receipt of this order.
        (vi) The Chief Secretary of the Government of West Bengal shall send the compliance report within the period stipulated.
        (vii) We clarify that respondent No. 24 or his relations shall not be allowed to bid in the auction sale. (Para 26)

JUDGMENT

Sema, J.-

PREFACE

1. "My son, do not forget my law, but let your heart keep my commands. Let not justice and truth forsake you, bind them around your neck, write them on the tablet of your heart."

2. Writ Petition No. 216/1999 has been filed by a public spirited person in the form of Public Interest Litigation (PIL) inter-alia challenging the allotment of Government land in Salt Lake City, Calcutta from the discretionary quota of the Chief Minister. A writ in the nature of mandamus was specifically prayed for quashing of the allotments of Government Land, stated to be made unconstitutionally, illegally, arbitrarily, whimsically, capriciously with malafide motive and in clandestine manner and/or in colourable and arrogant exercise of power, being violative of Article 14 of the Constitution.

3. In the original petition, the allottees of the land were not arrayed as party respondents. I.A. No.2 was filed for impleadment of respondent Nos. 8 to 38. However, by our order dated 13.11.2003 we allowed only the impleadment of respondent No. 24- Justice B.P. Banerjee as party respondent. The order reads:

"Mr. A.K. Ganguli, learned senior counsel started his arguments at 10.35 A.M. and concluded at 11.15 A.M.

Application to join Justice B.P. Banerjee (retired) as a party respondent to the Writ Petition is allowed. Reply, if any, be filed within six weeks from the date of service. I.A.No. 2 stands disposed of with no further or other order.

The High Court of Calcutta to forward to this Court papers and proceedings in CO No. 7553 (W) of 1986 titled Bidhannagar (Salt Lake) Welfare Association and Ors. Vs. State of West Bengal and Others including all order sheets. The High Court to also inform this Court whether CO No. 15381 of 1984 has been disposed of and if not at what stage it is. The Government to produce all relevant files pertaining to the allotment of a plot to Justice B.P. Banerjee (retired) and to state on affidavit whether there is any policy decision regarding allotment of plots to Judges, if so, to produce that policy decision.

List these matters after eight weeks"

4. Pursuant to the aforesaid order, respondent No.24 filed two counter affidavits - first affidavit on 16th January, 2004 and supplementary affidavit on 16th April, 2004, which we shall be dealing with at an appropriate time.

5. The documents produced and the order passed thereunder would clearly establish an unholy nexus between duty and interest.

6. C.O. No. 7553 (W) of 1986 titled Bidhannagar (Salt Lake) Welfare Association & Ors. Vs. State of West Bengal and Ors. was listed before Justice B.P. Banerjee on 20.6.1986, when he passed the following order:

"Let the affidavit in opposition be filed within two weeks from date; reply thereto, if any one week thereafter. Let this matter come up for hearing four weeks hence. Until for the orders there will be an order to the extent that if any allotment is made on the basis of the deviation made from the Master Plan the same shall abide by the result of the application."

7. On the same day, i.e. on 20.6.1986, Justice Banerjee made an application before the Chief Minister for allotment of a plot of land in Salt Lake City. It is not clear whether the application was made before he took cognizance of the matter or after. If made before he should have recused himself from the case. If he dealt with the matter first he should not have made the application. But, instead, the learned Judge kept the matter with him, pursued it and passed subsequent orders till the allotment order was made in his favour from the discretionary quota of the Chief Minister and even thereafter.

On 8.6.1987 following order was passed:

"Let the main matters appear in the list as for orders on Thursday next at 3 p.m. In the meantime there will be an interim order as follows:

No further allotment of any land in the Salt Lake City Area will be made without the leave of this Court.

Petitioners are directed to serve a copy of the writ appeal along with the copy of the

Click Here to Read the rest of this document

2004 Supreme(SC) 1442

IMPORTANT POINTJudiciary is the repository of public faith. It is high time the judiciary must take utmost care to see that temple of justice do not crack from inside, which will lead to catastrophe in the justice delivery system resulting in the failure of public confidence in the system.

IMPORTANT POINT
Judiciary is the repository of public faith. It is high time the judiciary must take utmost care to see that temple of justice do not crack from inside, which will lead to catastrophe in the justice delivery system resulting in the failure of public confidence in the system.