VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 122
363
The appellant was working as the Principal Subordinate
Judge in Bangalore. A preliminary enquiry was held by a High Court
Judge and on the basis of the report, the Chief Justice directed that
the Governor may be moved to appoint a named Judge as the
Specially Empowered Authority to hold departmental enquiry against
the judicial officer, and in pursuance of that direction, the Registrar
addressed the Government, and the Governor purporting to act under
rule 11 of the Mysore Civil Services (CCA) Rules, 1957 specially
empowered the Judge named in the Registrar’s letter to hold a
disciplinary proceedings against the judicial officer. The Enquiry
Authority recommended as punishment, reduction in rank and
withholding of promotion. The Governor after considering the report,
directed compulsory retirement of the officer.
The Supreme Court held that the Enquiry Judge cannot be
held to be appointed by the High Court and the enquiry held cannot
be regarded as a recommendation of the High Court. Under those
proceedings, disciplinary action against a judicial officer and the
appointment of the Specially Empowered Authority to hold an enquiry
against a judicial officer are matters to be dealt with by the Full Court
itself and the Chief Justice is not empowered to make such
appointment. The power conferred on the Chief Justice under rule 6
of Chapter III of the Rules of the High Court of Mysore, 1959 is only
in regard to judicial work and not administrative matters.
The Supreme Court further held that the report of the enquiry
was not considered by the High Court. The High Court itself is
competent to impose penalties other than dismissal or removal from
service; it is only when the High Court considers that the appropriate
penalty against the judicial officer is dismissal or removal from service
that the High Court need recommend to the Governor to impose
such penalty. Under the Mysore Civil Services (CCA) Rules,
compulsory retirement is not one of those punishments which the
High Court can impose. But, the Governor can impose it under rule
9(1) of the Rules. The conferment of this power on the Governor