In a significant decision, the Supreme Court has quashed the Kerala High Court’s directive to initiate disciplinary proceedings against a judicial officer from Lakshadweep. The apex court found that the High Court’s order was legally flawed, as it was issued before crucial records related to the case had been examined.
The case involved a Sub-Judge-cum-Chief Judicial Magistrate in Lakshadweep, whose suspension was ordered by the Kerala High Court following complaints from convicted individuals. The convicted parties claimed that the magistrate failed to give them a chance to cross-examine a key witness and did not properly review the investigation.
On December 14, 2022, the High Court had requested sealed records from the CJM Court in Amini, Lakshadweep. However, before receiving these documents, the High Court went ahead and suspended the magistrate on December 23, 2022, launching an inquiry into his conduct.
The magistrate challenged the decision, and the Supreme Court took note of the procedural misstep, pointing out that the High Court acted without the necessary records in hand. Despite the documents arriving on December 26, 2022, the suspension order had already been made three days earlier.
The Supreme Court deemed the initiation of disciplinary action void, stating that any decision made without a proper review of the case records was legally unsound. It reversed the High Court’s ruling, restoring the original petitions and directing the Kerala High Court to expedite a fresh hearing on the matter.
This decision effectively clears the Lakshadweep magistrate of immediate disciplinary action, bringing into focus the importance of procedural fairness in judicial reviews.
