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

1999 Supreme(SC) 1269

A.P.MISRA, S.S.M.QUADRI, K.T.THOMAS
High Court Of Judicature At Bombay, Through Its Registrar – Appellant
Versus
Shashikant S. Patil – Respondent


Judgement Key Points

Judicial review under Article 226 of the Constitution is not an appellate review of the merits or decision of a disciplinary authority, but is limited to scrutinizing the decision-making process for defects such as violation of natural justice principles, non-compliance with statutory inquiry procedures, influence of extraneous considerations, or patently arbitrary conclusions that no reasonable authority could reach. [1000042030015][1000042030016][1000042030017][1000042030020][1000042030023]

The disciplinary authority remains the sole judge of facts if the inquiry is properly conducted, and courts cannot reassess the adequacy, reliability, or sufficiency of evidence supporting the findings.[1000042030015][1000042030016]


Judgment

Thomas, J.-A judicial magistrate has been disrobed of his judicial vestment by a penal of five judges of the Bombay High Court on the administrative side. This was sequel to an innocent litigant being wrongfully arrested, handcuffed and paraded in public. But two other judges of the same High Court, on the judicial side, ordered him to be rerobed with full chasuble. That judgment of the Division Bench is now being challenged by the Registrar of the Division Bench is now being challenged by the Registrar of the High Court of Bombay (on behalf of the said High Court) by special leave.

2. First respondent was Joint Civil Judge (Junior Division) of the Maharashtra Judicial Service. While functioning as a Judicial Magis­trate pronounced judgment in the case acquitting the accused on 7.11.1985. But the complainant sent a petition to the District and Sessions Judge, Ahmadnagar on 4.1.19866, alleging that he was wrong­fully arrested by the police on 15.10.1985 as per a warrant of arrest issued by the magistrate;; and that he was handcuffed and paraded through the streets of his locality; and that he was kept in the lock-up during the night; and that on the next day (16.10.1985) he w





























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 telegram-icon
whatsapp-icon Back to top