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Unexplained bank transactions by Judge| Can Full Court order compulsory retirement despite clean chit by Vigilance Committee? SC explains

Supreme Court: In the case where the Governor of Haryana had directed compulsory retirement of an Additional District and Sessions Judge after the Full court of Punjab and Haryana High Court had directed the same after finding him guilty of unexplained bank transactions, the bench of UU Lalit and Ajay Rastogi, JJ upheld the decision of the Full Court and said,

“… there were multiple transactions showing deposits and withdrawals of substantial amounts of money, it cannot be said that the Full Court was not justified in taking the view that it did.”

What was the case about?

“… we find that the Inquiry Authority has rightly rejected, for the reasons recorded, the defence plea raised by the delinquent Officer regarding retaining huge amounts of cash in hand for the substantial periods in the financial years concerned, after admitting the withdrawals and deposits from the accounts specified in the Articles of Charge, which required no further proof.”

Is vigilance Committee’s order binding on the Court?

It was argued before the Court that once the Vigilance Committee had concluded that there was nothing against the petitioner, such conclusion was “for and on behalf of the Full Court” of the High Court and that the Full Court could not and ought not to have recommended compulsory retirement of the petitioner.

The Court, however, explained the law laid down in State of Uttar Pradesh v. Batuk Deo Pati Tripathi, (1978) 2 SCC 102 and said that in the said judgment, the Supreme Court had accepted that for the convenience of transacting administrative business and for smooth functioning of day-to-day matters pertaining to control over the subordinate judiciary, it would be possible for the High Court to authorize and empower an Administrative Judge or an Administrative Committee of Judges to act on behalf of the Court. It does not however mean that even in the absence of Rules authorizing or empowering the Committee, the decision made by or conclusions arrived at by the Committee would be binding on the Full Court or that the Full Court would not be within its jurisdiction to take a different view in the matter.

[Rajinder Goel v. High Court of Punjab and Haryana, 2021 SCC OnLine SC 528, decided on 02.08.2021]


*Judgment by: Justice UU Lalit

For petitioner: Manoj Swarup, Senior Advocate

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