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VIKRAM NATH, SANJAY KAROL, SANDEEP MEHTA
Kaushal Singh – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
SANDEEP MEHTA, J.
1. Heard.
2. Leave granted.
3. The appellant, being a Judicial Officer of the District Judge Cadre1 in the judicial services of the State of Rajasthan, has approached this Court1 [Hereinafter referred to as the “appellant-Judicial Officer”] through this appeal by special leave in order to assail the strictures passed against him in order dated 3rd May, 20242 [Hereinafter referred to as the “impugned order”] passed by a learned Single Judge of the High Court of Judicature for Rajasthan Bench at Jaipur3 [Hereinafter referred to as the “High Court”] while deciding the S.B. Criminal Miscellaneous Bail Application No. 4677 of 2024.
4. The chronological list of events, relevant and essential for disposal of the appeal are noted herein-below.
5. First Information Report4 [For short ‘FIR’] No. 224 of 2022 was registered at Police Station Gegal, District Ajmer on 23rd October, 2022 against various accused persons including Sethu @ Angrej and Sethu @ Haddi, for the offences punishable under Sections 147, 323, 341, 325, 307, 427 read with section 149 of Indian Penal Code, 1860.5 [For short “IPC”]
6. Sethu @ Haddi was arrested on 21st November, 2022 whereas Sethu @ Angrej
Judicial Decorum – Courts higher in judicial hierarchy should refrain from commenting on conduct and calibre of Judicial Officers.
Adverse remarks – There is difference between criticising erroneous orders and criticising a Judicial Officer – First part is permissible – Second category of criticism should best be avoided – No co....
(1) Disposal of bail applications – Constitutional Courts can lay down principles governing grant of bail or anticipatory bail – However, Constitutional Courts cannot interfere with discretion of our....
Remarks by higher courts against subordinate judicial officers must be necessary and justified to uphold judicial dignity and independence.
Judicial officers cannot be penalized merely for error in judgment; substantial evidence of misconduct is necessary for disciplinary action, reinforcing the duty to protect judicial independence.
Judicial officers must maintain impeccable integrity; disciplinary actions must be based on established misconduct without procedural violations and adhere to high standards of justice.
(1) Discharge from Post of Judicial Officer – Non-communication of ACRs to appellant is arbitrary.(2) Discharge from Post of Judicial Officer – When Government had, on enquiry, come to conclusion tha....
Bail orders should not be cancelled based on hyper-technical grounds in the absence of compelling circumstances, especially when prior judicial decisions affirmed bail rights.
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