Probe can begin based on evidence if no plaint is lodged: Bombay HC

MUMBAI: A departmental enquiry can be initiated against a judicial officer if there was verifiable material to substantiate allegations, in the absence of a written complaint and an affidavit, Bombay high court has said.
The court on Friday dismissed a petition filed by a civil judge (junior division), Asif Tahasildar, challenging an order issued by the high court registrar, initiating departmental enquiry against him on two charges.

The first charge was for allegedly misusing official position to cause wrongful gain for oneself and loss to state exchequer, when Tahasildar was a civil judge in Jalna.

The second inquiry began after Tahasildar allegedly assaulted a person and threatened to imprison him in a false case as a judge in Kolhapur. The petition claimed that the inquiry initiated against Tahalsildar was in breach of guidelines issued by the Chief Justice of India, which mandated a written complaint.

In this case there was none, the petition said. The benchsaid that in both cases, before initiating departmental enquiry proceedings, principal judges of courts in Jalna and Kolhapur carried out a discreet inquiry and took petitioner's reply into consideration.