AIR 1988 SUPREME COURT 1395 ::1988 Lab IC 1651 ::1988 (3) SCC 370 ::1988 SCC (L&S) 797 ::(1988) 2 Lab LN 557 ::(1988) Raj LR 399 ::(1988) 2 ServLR 564 ::(1988) 3 SCJ 38 ::(1988) 2 JT 473 (SC) ::1988 2 JT 473

Supreme Court Of India

(From : ILR (1987) 2 Punj and Har 434)

Hon'ble Judge(s): E. S. Venkataramiah, K. N. Singh , JJ

Constitution of India , Art.235, Art.311— Judicial officer on probation - Dismissal - Inquiry report of Vigilance Judge in respect of four complaints forming basis for dismissal - Report not showing officer's work and conduct to be unsatisfactory - Further investigation suggested - No further inquiry - Dismissal is unwarranted. ILR (1987) 2 Punj and Har 434, Reversed. Under the Constitution the High Court has @page-SC1396 control over the subordinate judiciary. While exercising that control it is under a constitutional obligation to guide and protect judicial officers. An honest strict judicial officer is likely to have adversaries in the mofussil Courts. If complaints are entertained on trifling matters relating to the judicial orders which may have been upheld by the High Court on the judicial side no judicial officer would feel protected and it would be difficult for him to discharge his duties in an honest and independent manner. An independent and honest judiciary is a sine quo non for Rule of law. If judicial officers are under constant threat of complaint and enquiry on trifling matters and if High Court encourages anonymous complaints to hold the field the subordinate judiciary will not be able to administer justice in an independent and honest manner. It is therefore imperative that the High Court should ....