When the high court should not consider a complaint against Judicial Officer in his transfer, promotion and compulsory retirement?

  In context of the three complaints filed against the appellant, it is important to note that the same were never communicated to the petitioner during his service tenure and that the complaints had been subsequently closed. Moreover, two out of the three complaints were closed prior to the meeting of the Higher Judicial Committee and therefore, could not have been the basis of the decision of the Committee. Additionally, in so far as the complaint dated 20.10.2015 (bearing No. R/V/JP/PIN/118/2015) is concerned, it is neither supported by any affidavit nor has any address been provided in it and importantly, was also closed by the respondent prior to the appellant’s discharge order. In this context, it is pertinent to refer to the Standing Order No. 03./S.O./2015 dated 10.06.2015 which directed that:

“The complaint making allegations against members of the subordinate judiciary in the states should not be entertained and no action should be taken thereon, unless it is accompanied by a duly sworn affidavit and verifiable material to substantiate the allegations made therein

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The entry of the complaint in the pre-institution register for inward number will not be treated as pendency of Vigilance matter against the Judicial Officer and will not be taken into consideration against the Judicial Officer in any service matter including transfer, promotion and for compulsory retirement.”

(emphasis supplied)

In the present case, the record clearly showcases that no verifiable complaint was filed against the appellant that could form the basis of the disciplinary proceeding against him. {Para 55}

IN THE SUPREME COURT OF INDIA 

CIVIL APPELLATE JURISDICTION

 CIVIL APPEAL NO.2029 OF 2022

 ABHAY JAIN Vs THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AND ANR.

Coram: UDAY UMESH LALIT; VINEET SARAN, JJ. 

Dated: March 15, 2022

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