Judges can be sacked summarily for misconduct: SC

The Supreme Court has ruled judges can be removed summarily without an inquiry for misconduct or if they are found unworthy of their job.

Updated: Mar 10, 2011, 21:06 PM IST

New Delhi: Upholding the dismissal of a
judge for getting his judgements written by somebody else, the
Supreme Court has ruled judges can be removed summarily
without an inquiry for misconduct or if they are found
unworthy of their job.

The apex court said such a course of dimissal was
essential to maintain the high standards of the judiciary.

"It cannot be disputed that the power under the aforesaid
Articles is to be exercised by the Governor in consultation
with the High Court. Under the scheme of the Indian
Constitution, the High Court is vested with the power to take
a decision for appointment of subordinate judiciary under
Articles 234 to 236 of the Constitution.

"The High Court is also vested with the power to see that
the high traditions and standards of the judiciary are
maintained by the selection of proper persons to run the
district judiciary. If a person is found not worthy to be a
member of the judicial service or it is found that he has
committed misconduct, he could be removed from the service
by following the procedure laid," the apex court said.

A bench of justices Mukundakam Sharma and A R Dave
passed the judgement while dismissing the appeal filed by Ajit
Kumar, a sub-judge, challenging his dismissal by the Jharkhand
High Court without conducting any inquiry before his
dismissal.

PTI