High Court Has Absolute & Exclusive Disciplinary Control Over District Judiciary Under Article 235
Case: Javid Ahmad Naik v State of J&K and ors
Coram: Chief Justice Pankaj Mithal and Justice Sanjeev Kumar
Case No.: WP(C ) 2804/2019
Court Observation: “The ‘control’ vested in the High Court, inter alia, extends to the maintenance of discipline in judicial service which in turn would mean vesting all disciplinary powers in the High Court.”
“Indisputably, our High Court, though empowered, has not framed its separate disciplinary rules pertaining to the District Judiciary and has been conventionally applying the Rules of 1956 which are generally meant for and applicable to the civil services of the State…Rule 34 when construed in the light of Article 234 of Constitution of India would postulate that the High Court being an absolute and exclusive disciplinary authority is competent to issue show cause notice of proposed penalty to the judicial officer subordinate to it.”
“If a decision is arrived at on no evidence or evidence which is thoroughly unreliable and no reasonable person would act upon it, the order would be perverse. But, if there is some evidence on record which is acceptable and which could be relied upon, howsoever compendious it may be, the conclusions would be treated as per se and the findings would not be interfered with.”
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