Writ Petition to Initiate In-House Inquiry against Judges Alleging Misconduct Not Maintainable: Kerala High Court

Writ Petition to Initiate In-House Inquiry against Judges Alleging Misconduct Not Maintainable

Case: Mathew Z Pulikunnel v Chief Justice of India

Coram: Justice A.K. Jayasankaran Nambiar and Justice Mohammed Nias C.P

Case No.: W.A.NO.1639 OF 2021

Court Observation: “Such an inquiry, which is in the nature of a preliminary inquiry designed to provide information to the Chief Justice concerned, cannot be seen as a ‘law’, for the enforcement of which a litigant can approach the superior courts by invoking its writ jurisdiction, which is a remedy provided under public law.”

“The decision whether or not to initiate the in-house procedure against a judge is a matter that falls within the discretion of the Chief Justice, and the discretion not being one conferred under a ‘law’, its exercise cannot be compelled citing public interest.”

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Keywords

Writ Petition, In-House Inquiry