38.6c New Delhi, India, Friday, May 24, 2024
Judiciary

Punjab and Haryana High Court Recommends Departmental Action against Magistrate for Violating High Court direction.

By Deeksha Sinha      26 March, 2022 04:30 PM      0 Comments
Departmental Action against Magistrate Violating High Court

A single Bench of Punjab and Haryana High Court has recommended departmental action against a Chief Judicial Magistrate for violating a High Court direction in a case. 

Observing that the Magistrate's action not only showed lack of understanding of Fundamental principles of law but also reflected judicial indiscipline, Justice Manoj Bajaj referred the matter to the chief justice for initiating departmental action. 

"This Court has no hesitation in holding that Chief Judicial Magistrate, Yamuna Nagar has passed the impugned order by giving irrational reasons, which not only show his dearth of understanding criminal jurisprudence and fundamental principles of law, but also reflect judicial indiscipline on his part, which amounts to grave misconduct and warrants departmental action against him," Justice Bajaj observed in the order.

The controversy relates to the Chief Judicial Magistrate refusing to refund an amount of Rupees 1, 10,000 (Rupees One Lakh Ten Thousand)  deposited by an accused in a case as a bail condition, despite a direction to that effect by the High Court. 

Further, when the trial in the case had ended in acquittal the accused had moved the High Court seeking refund of the deposit. The High Court hereby directed the CJM to refund the same. 

However, the CJM refused to allow the refund citing the appeal filed by the complainant against the acquittal. In this backdrop, the accused approached the High Court again, challenging the CJM's refusal to allow refund. While allowing this application, Justice Bajaj made the observations against the CJM.

The Court had called for an explanation from the CJM for his refusal to follow the High Court Direction. The CJM explained that he had "mistakenly refused to refund the amount as directed by this Court and regretted inconvenience caused to this court. 

"The expression and reasoning contained in the impugned order do not show that the disobedience of the direction by this Court was erroneous as claimed in the explanation, therefore, the same is not worth acceptance", Justice Bajaj noted.

 



Share this article:



Leave a feedback about this
Related Posts
View All

Punjab and Haryana High Court Recommends Departmental Action against Magistrate for Violating High Court direction. Punjab and Haryana High Court Recommends Departmental Action against Magistrate for Violating High Court direction.

"The expression and reasoning contained in the impugned order do not show that the disobedience of the direction by this Court was erroneous as claimed in the explanation, therefore, the same is not worth acceptance", Justice Bajaj noted.

Police protection to fund manager alleging threat from Kirron Kher & aide: Punjab & Haryana HC [Read Order] Police protection to fund manager alleging threat from Kirron Kher & aide: Punjab & Haryana HC [Read Order]

The Punjab and Haryana High Court has directed Chandigarh Police to provide security for a week to fund manager Chaittnya Aggarwal and his family who claimed to have received threats from Bharatiya Janta Party (BJP) Member of Parliament (MP) Kirron Kher and her political aide Sahdev Salaria. What is the case about? Find out here.

‘Most interested witness being the father of deceased’, SC upholds acquittal of 6 accused for murder [Read Judgment] ‘Most interested witness being the father of deceased’, SC upholds acquittal of 6 accused for murder [Read Judgment]

Explore the Supreme Court's decision to uphold the acquittal of six accused in a murder case. Delve into the intricacies of the case involving the father of the deceased as a key witness, and understand the legal rationale behind the verdict.

Supreme Court Collegium approves new Chief Justices for five key High Courts in India [Read Recommendations] Supreme Court Collegium approves new Chief Justices for five key High Courts in India [Read Recommendations]

Read about the latest judicial appointments in India: The Supreme Court Collegium, led by the Chief Justice of India, has approved new Chief Justices for the High Courts of Allahabad, Jharkhand, Gauhati, Punjab and Haryana, and Rajasthan. Get detailed insights on the judges appointed and their respective high courts.

TRENDING NEWS

no-legal-mandate-for-uploading-of-form-17c-on-website-or-handing-over-to-anyone-other-than-candidate-or-agent-ec-tells-sc
Trending Judiciary
No legal mandate for uploading of Form 17C on website or handing over to anyone other than candidate or agent, EC tells SC

EC tells SC there's no legal mandate to upload Form 17C on websites or provide it to anyone other than candidates or agents, citing risks of misuse and mistrust.

23 May, 2024 11:28 AM
national-security-always-paramount-sc-cancels-bail-of-pfi-members
Trending Judiciary
'National security always paramount,' SC cancels bail of PFI members [Read Judgment]

SC emphasizes national security, cancels bail of eight PFI members, stressing balance between civil liberties and counter-terrorism under UAPA.

23 May, 2024 12:05 PM

TOP STORIES

sc-notice-to-ec-on-plea-by-adr-for-release-of-voters-turnout-data
Trending Judiciary
SC notice to EC on plea by ADR for release of voters turnout data

SC issues notice to EC on ADR plea to release voter turnout data. SC demands EC to disclose vote counts within 48 hours after each phase of the 2024 Lok Sabha polls.

18 May, 2024 11:16 AM
recovered-direct-chats-between-kejriwal-and-hawala-operators-on-transfer-of-money-ed-claims-before-sc
Trending Judiciary
Recovered direct chats between Kejriwal and hawala operators on transfer of money, ED claims before SC

ED claims to have recovered direct chats between Kejriwal and hawala operators on money transfer in Delhi liquor policy scam; SC reserves judgement on arrest appeal.

18 May, 2024 11:47 AM
delhi-hc-refuses-jackie-shroff-interim-relief-against-youtuber-unfilteredthugesh-for-alleged-personality-rights-infringement
Trending CelebStreet
Delhi HC refuses Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for using "Thug Life" in video on Shroff

The Delhi High Court has refused Jackie Shroff interim relief against Youtuber 'UnfilteredThugesh' for alleged personality rights' infringement.

18 May, 2024 05:20 PM
abuse-under-sc-st-act-has-to-be-in-public-view-to-make-out-offence-sc
Trending Judiciary
Abuse under SC/ST Act has to be in public view to make out offence: SC [Read Judgment]

SC rules abuse under SC/ST Act must be in public view. Case involves Olympic Riding and Equestrian Academy, highlighting key requirements for the offence.

18 May, 2024 05:45 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email