P&H High Court Declines To Interfere In Disciplinary Proceedings Against Judge For 'Unreasonably' Granting Excessive Compensation In Road Accident Case

The Punjab & Haryana High Court has refused to drop disciplinary proceedings initiated against a judicial officer, a member Superior Judicial Services accused of granting excessive compensation in a road accident case based on "extraneous consideration."Chief Justice Sheel Nagu and Justice Anil Kshetarpal said, "A bare perusal of the charge-sheet reveals that after alleged grant of excessive compensation for loss of love and affection of Rs. 20,69,688/- and Rs.18,25,400/- in two separate MACT cases, the High Court also alleged that the same are based on some extraneous consideration without specifying the same. Non-specification of extraneous consideration may have been relevant for petitioner but considering the fact that the award of compensation under the sole head of 'loss of love and affection' was nearly 10 times the amount which is expected of a Tribunal to award, the said vague allegation of some 'extraneous consideration' cannot come in the way of the High Court to proceed and enquire into the existence or non-existence of extraneous consideration/oblique motive by way of disciplinary proceedings."These observations were made while hearing a plea of a judicial officer, who is member of Superior Judicial Services, sought quashing of charge-sheet and the consequential statement of imputation and rejection of the prayer for dropping of the disciplinary enquiry. Counsel appearing for the judicial officer contended that the decision taken by the Judicial Officer on judicial side is immune from rigours of disciplinary proceedings on the administrative side.The order of award of compensation of Rs.20,69,688 and Rs.18,25,400 respectively in two Motor Accidents Claims Tribunal Cases exclusively under the head of “loss of love and affection” was reduced by the High Court to Rs.2,50,000 . The aforesaid order passed by the High Court though was not challenged further but the connected appeal of the insurance company which had been dismissed and was carried upto the Apex Court and the same was dismissed. In this background, it was alleged that once the view of the petitioner on the judicial side was affirmed up to the Apex Court, the question of proceedings against him on the administrative side in disciplinary proceedings is not available to the employer.After examining the submissions, the Court noted that "the only question that needs to be considered is as to whether in the given facts and circumstances as aforesaid, was it open for the High Court to proceed against the petitioner in departmental enquiry by issuance of the impugned charge-sheet." Perusing the charge-sheet, the Court found that after alleged grant of excessive compensation for loss of love and affection of Rs. 20,69,688 and Rs.18,25,400 in two separate MACT cases, the High Court also alleged that the same are based on some extraneous consideration without specifying the same.Speaking for the bench Chief Justice Nagu said it is trite law in service jurisprudence that disciplinary proceedings once commenced ought not to be interfered with unless proven mala fide are alleged or a bare reading of allegations contained in the charge- sheet do not disclose misconduct or the issuance of charge-sheet is against any constitutional or statutory provision. "None of these factors exist in the present case," added the bench.Consequently, the Court did not deem it appropriate to interfere in the disciplinary proceedings commenced by the High Court against the petitioner and permitted the High Court to proceed with the departmental enquiry in accordance with law "as expeditiously as possible."Mr. Mukesh Rao, Advocate, for the petitioner.Ms. Divya Sharma, Advocate, for respondents No.1 and 2. Title: Sudhir Jiwan v. High Court of Punjab & Haryana and anotherClick here to read/download the order

P&H High Court Declines To Interfere In Disciplinary Proceedings Against Judge For 'Unreasonably' Granting Excessive Compensation In Road Accident Case

Aiman J. Chishti

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