Judicial Officer passing wrong order cannot be sole ground to initiate Disciplinary proceedings

Disciplinary proceedings cannot be initiated against Judicial Officer merely on basis that wrong order was passed by him or such order was found incorrect, in absence of clear allegations of misconduct, extraneous influences or gratification of any kind.

Court in no manner indicating that if judicial officer passes a wrong order, then no action is to be taken. In case a Judicial Officer passes orders which are against settled legal norms but there is no allegation of any extraneous influences leading to the passing of such orders then appropriate action which High Court should take is to record such material on administrative side and place it on service record of judicial officer concerned.

These matters can be taken into consideration while considering career progression of concerned Judicial Officer. Once note of the wrong order is taken and they form part of service record these can be taken into consideration to deny selection grade, promotion etc., and in case there is a continuous flow of wrong or illegal orders then proper action would be to compulsorily retire judicial officer, in accordance with Rules.

Unless there are clear-cut allegations of misconduct, extraneous influences, gratification of any kind etc., disciplinary proceedings should not be initiated merely on basis that a wrong order has been passed by Judicial Officer or merely on ground that judicial order is incorrect