Bengaluru: The Supreme Court has set aside the direction in a State High Court order directing a Mysuru judge to go for training at a judicial academy, saying that “such orders should not be made without opportunity to the person concerned whose career and esteem will be affected”.
A bench of Justices A.S. Bopanna and Pankaj Mithal said: “This court has been repeatedly indicating that such orders should not be made without opportunity to the person concerned whose career and esteem will be affected.”
“In that view of the matter without adverting to any other aspect, we set aside the direction contained in paragraphs 15(iii) & (iv) of the order dated 04.02.2022. The observations against the appellant herein as contained in paragraph 14 is also expunged.”
The judicial officer moved the apex court challenging the adverse observations made against her and also the ultimate direction issued in paragraphs 15 (iii) & (iv) in the order against her.
The top court noted that the high court, while disposing of criminal petition through its order dated February 4, 2022, wherein the issue relating to cancellation of bail granted to the accused had arisen, made certain observations with regard to the manner in which the appellant who is a judicial officer has exercised her discretion.
The top court, in its order passed on May 19, said: “It is in that light the high court has made the observations and has arrived at the conclusion that the Registry is required to obtain orders from Hon’ble the Chief Justice and post the appellant- judicial officer in the Judicial Academy for training. Such observation and direction in our opinion is not justified.”
The high court had made observations against the judge while disposing of a criminal petition praying for cancellation of bail of an accused in a dowry harassment case.