No overzealousness be shown in taking action against judges: SC to Patna HC

The Supreme Court on Monday said that unless there is a charge of corruption, there should not be overzealousness in taking action against judicial officers or it would send a bad signal to the judges performing their duties efficiently.

The top court asked the Patna High Court to drop all disciplinary proceedings against a suspended additional sessions judge for deciding a child assault case and giving capital punishment to the convict within four working days and disposing of another gang rape case and awarding life term to the convict within one working day.

"Our sincere advice is to drop everything. If you don't want to, we'll go threadbare into it," a bench of Justices U U Lalit and Ravindra Bhat told Gaurav Agrawal, appearing for the High Court.

The bench said that unless there are allegations of corruption and malafide only then disciplinary action is justified.

The bench also said that there shouldn't be an overzealousness to take action against the judge, as it would send a bad message to other judicial officers, who are performing their duties efficiently, and also anything against the judicial officer would be a reflection on the High Court as well.

The bench allowed the judge to submit his written statement in defence within 10 days, as he had received the memorandum dated August 5, 2022, containing articles of charge.

The court fixed the matter for further hearing on August 18.

The HC's counsel submitted that an appropriate decision, after considering the entirety of the matter, including the petitioner's written response, would be taken within two days.