ADDITIONAL DISTRICT AND SESSIONS JUDGE 'X' versus REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH AND OTHERS

ADDITIONAL DISTRICT AND SESSIONS JUDGE 'X' versus REGISTRAR GENERAL, HIGH COURT OF MADHYA PRADESH AND OTHERS

The Chief Justice of the High Court exceeded authority by constituting a two-judge committee and initiating an in-depth probe, which forms part of the second stage of the in-house procedure reserved for the Chief Justice of India. To ensure fairness, the investigative role should be reassigned, and the proceedings conducted by the Chief Justice of the High Court are set aside.

Parties
Petitioner: Additional District and Sessions Judge 'X'; Respondents: Registrar General, High Court of Madhya Pradesh and Others
Jurisdiction
India
Judgment Date
18 December 2014
Procedural Posture
Writ Petition (civil) / Final Disposition
Outcome
Writ petition disposed of; proceedings adopted by the Chief Justice of the High Court set aside; liberty granted to petitioner to raise remaining issues in a separate petition.
Legal Topics
In House Procedure for Judicial Complaints, Fair Investigation in Judiciary, Sexual Harassment Allegations Against Judges, Judicial Independence
Constitutional Law Judicial Procedure Sexual Harassment In House Procedure for Judicial Complaints Fair Investigation in Judiciary Sexual Harassment Allegations Against Judges Judicial Independence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Additional District and Sessions Judge 'X'

Petitioner

Registrar General, High Court of Madhya Pradesh and Others

Respondents

Procedural Posture

Writ Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether the inquiry conducted by the Chief Justice of the High Court, involving a two-judge committee, was contrary to the 'in-house procedure' framed by the Supreme Court for allegations against sitting judges of High Courts
  2. 2 Determination of proper procedure for investigating allegations of sexual harassment against sitting High Court judges

Ratio Decidendi

The Chief Justice of the High Court exceeded authority by constituting a two-judge committee and initiating an in-depth probe, which forms part of the second stage of the in-house procedure reserved for the Chief Justice of India. To ensure fairness, the investigative role should be reassigned, and the proceedings conducted by the Chief Justice of the High Court are set aside.

Court Disposition

Writ petition disposed of; proceedings adopted by the Chief Justice of the High Court set aside; liberty granted to petitioner to raise remaining issues in a separate petition.

Orders

  • Chief Justice of the High Court directed to divest respondent judge of administrative and supervisory authority over witnesses.
  • Chief Justice of India may reinitiate investigative process under in-house procedure, assigning the role to a Chief Justice of another High Court or assuming the role himself.