SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(SC) 551

SUPREME COURT OF INDIA
Ranjan Gogoi, Prafulla C. Pant, JJ.
High Court of Andhra Pradesh - Appellant
Vs.
Nirmala K.R. Dayavathi and Ors. - Respondents
SLP(C) No. 20732 of 2014
Decided On: 11-02-2015

Headnote:

Constitution of India, 1950 - Article 226 - Pertain to performance and conduct - Interim order of injunction - Demanded in her chamber - Both sets of charges were separately enquired into in course of two separate departmental enquiries - On basis of evidence of witnesses recorded and other materials Enquiry Officer returned a finding of guilt - Reports of Enquiry Officers were considered by Administrative Committee and then by Full Court of Andhra Pradesh High Court where after a decision was taken to impose punishment of dismissal from service - Held, Materials on record would go to show that though District Judge had intervened in matter on November even before such intervention Officer had extended interim order until next November - P.W. 10 who was an Attended in Office of charged Officer had categorically deposed that on none of dates in question P.W. 1 had visited Chamber of Officer - That apart materials on record also would go to show that on November date on which demand for bribe was allegedly made Officer soon after finishing Court work had left to attend a Legal Literacy Camp - In fact injunction was granted on that day itself - P.W. 10 has been categorical in stating that P.W. 1 - Complainant had not visited Officer on said date or as already noted on any other date - That apart evidence on record would establish that Officer herself had written to District Judge to transfer case from her Court - Petition dismissed

JUDGMENT

1. Having regard to the issues involved we would like to briefly indicate the reasons for the conclusions that we have arrived at the end of the elaborate hearing that has taken place. Two sets of charges were levelled against the Respondent No. 1, a Judicial Officer of the State of Andhra Pradesh. The first (Charges Nos. 2, 3, 4 and 9 of the Articles of Charges dated 19th October, 2006) pertain to the performance and conduct of the Judicial Officer while serving in Bapatla in Guntur District of Andhra Pradesh. The same, inter alia, relate to her not sitting on the bench on time and not dictating the judgments to the stenographer and further only pronouncing the operative part of the order without assigning reasons. The second set of charges pertain to the tenure of the Officer in Warangal. Specifically the charge levelled against the Officer was that she had demanded a bribe of Rs. 20,000/- (Rupees Twenty thousand) for extending an interim order of injunction and had, in fact, detained the person from whom such bribe was demanded in her chamber on 27.11.2007. The said person happens to be an Advocate and the case in question i.e. O.S. No. 593/2007 pertains to her father who was the Plaintiff therein.

2. Both sets of charges were separately enquired into in the course of two separate departmental enquiries. On the basis of the evidence of the witnesses recorded and other materials, the Enquiry Officer(s) returned a finding of guilt. The reports of the Enquiry Officers were considered by - the Administrative Committee and then by the Full Court of the Andhra Pradesh High Court whereafter a decision was taken to impose the punishment of dismissal from service.

3. The High Court hearing the writ petition filed by the Respondent No. 1 took note of the entire evidence on record and after a detailed analysis of the same came to the conclusion that the present was a case of no evidence. Accordingly, interference was made. Aggrieved, the High Court of Andhra Pradesh, on the Administrative Side, is before this Court seeking leave to appeal against the said order.

4. We have read and considered the very elaborate judgment of the High Court and have gone through the reasoning as well as the analysis of the evidence made by the High Court in the order under challenge. Insofar as the first set of charges are concerned, PWs. 1 and 7 who had filed the complaints leading to the initiation of the charges had not supported the case levelled against the Respondent No. 1 - writ Petitioner. In fact, the said witnesses had disowned their signatures in the complaints. P. Ws. 4 and 5 (Advocates' clerks), P.W. 8 (Stenotypist), P.W. 9 (Copyist) and P. Ws. 10 to 13 (Senior Assistants and Junior Assistants of the Court of Senior Civil Judge, Bapatla) who were examined in support of the first set of charges had clearly stated that the Respondent - writ Petitioner used to attend the Court on time and was prompt in discharging her duties. The evidence on record further discloses that the Stenotypist who was examined as P.W. 8 had denied that the Officer did not dictate the judgments. The High Court also took note of the fact, though in a different context, that during the period from 1.12.2005 to 31.05.2006 and from 01.06.2006 to 30.11.2006 the work of the Officer was found to be satisfactory and average respectively by the High Court. This was both qualitatively and quantitatively.

5. Insofar as the second set of charges levelled against the Officer are concerned, it is worthwhile to notice that according to P.W. 1 who had levelled the charge of demand of bribe and had filed the complaint leading to the initiation of the departmental proceeding in question, the demand of bribe was made on 16th November, 2007. The said demand of bribe was to be paid on or before 22nd November, 2007 when the injunction matter was due to come up before the Officer for further consideration. Surprisingly, no contemporaneous complaint in this regard was lodged by P.W. 1. In


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top