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1992 Supreme(SC) 571

J.S.VERMA, K.JAYACHANDRA REDDY, K.RAMASWAMY, N.M.KASLIWAL, S.C.AGRAWAL
Sarojini Ramaswami – Appellant
Versus
Union Of India – Respondent


Advocates:
A.M.KHANWILKAR, A.Subhashini, D.N.DEVEDI, F.S.NARIMAN, G.RAMASVAMY, KAPIL SIBAL, P.H.Parekh, RAJU RAMACHANDRAN, RANJIT GHOSAL, SUBHASH CHANDRA SHARMA, SUNIL DOGRA

Judgment

VERMA, J. (for himself and on behalf of K. Jayachandra and S. C. Agrawal, JJ.) (Majority view):- The person entitled to seek judicial review and the stage at which it is available against the findings of the Inquiry Committee constituted under Section 3(2) of the Judges (Inquiry) Act, 1968 (hereinafter referred to as the Act) in accordance with the law declared in Sub-Cornmittee on Judicial Accountability v. Union of India, (1991) 4 SCC 699 is the question for decision in this writ petition. According to the petitioner, the remedy of judicial review is available to the concerned Judge against the finding, if any, by the Inquiry Committee that the learned Judge is guilty of misbehaviour only prior to submission of the report of the Committee to the Speaker - in accordance with Section 4 (2) of the Act or latest till it is laid before the Parliament as required by Section 4(3) of the Act, but not thereafter. Accordingly, the petitioner claims that a copy of the report should be furnished to the concerned Judge before it is submitted to the Speaker, to preserve the right of the Judge to seek judicial review of the finding of guilty, if any, in the report. The merit of this sub




















































































































































































































































































































































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