38.6c New Delhi, India, Saturday, August 23, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
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]

The Supreme Court Collegium approves new Chief Justices for Allahabad, Jharkhand, Gauhati, Punjab & Haryana, and Rajasthan High Courts. Read about the appointments.

TRENDING NEWS

if-governor-does-not-declare-on-withholding-assent-for-time-immemorial-court-still-powerless-sc-poser-to-centre
Trending Judiciary
If Governor does not declare on withholding assent for time immemorial, court still powerless, SC poser to Centre

SC asks if Governor can withhold assent to Bills indefinitely, raising concern that legislature may be rendered defunct without judicial remedy.

22 August, 2025 12:41 PM
sc-widens-scope-of-suo-motu-hearing-on-stray-dogs-menace-suspends-previous-order-against-relocation
Trending Judiciary
SC widens scope of suo motu hearing on stray dogs menace; suspends previous order against relocation

SC expands stray dogs case to pan-India, suspends earlier relocation order; allows release after vaccination, bans unregulated feeding.

22 August, 2025 01:06 PM

TOP STORIES

sc-dismisses-plea-against-quashing-fir-in-case-of-suicide
Trending Judiciary
SC dismisses plea against quashing FIR in case of suicide of then MP Mohan Delkar

SC dismisses plea against quashing of FIR in ex-MP Mohan Delkar suicide case; Bombay HC’s 2022 order stands, no interference by Supreme Court.

18 August, 2025 12:21 PM
no-automatic-arrest-on-rejection-of-anticipatory-bail-supreme-court
Trending Judiciary
No Automatic Arrest on Rejection of Anticipatory Bail: Supreme Court [Read Order]

SC clarifies that rejection of anticipatory bail doesn’t mean automatic arrest; custody depends on investigation, conduct, and case facts.

18 August, 2025 12:27 PM
court-holds-surgeon-guilty-of-indulging-in-black-magic-during-hearing-sentenced-till-rising-of-court
Trending Judiciary
Court holds Surgeon guilty of indulging in black magic during hearing; sentenced till rising of court [Read Order]

Delhi court convicts surgeon for disrupting proceedings with ‘black magic’; sentenced till rising of court with ₹2,000 fine after apology.

18 August, 2025 12:40 PM
want-bravehearts-to-be-in-forces-sc-for-giving-insurance-cover-to-cadets-discharged-during-military-training
Trending Judiciary
'Want bravehearts to be in forces,' SC for giving insurance cover to cadets discharged during military training

SC seeks insurance cover, rehab and higher aid for cadets injured during military training, stressing need to support bravehearts joining armed forces.

18 August, 2025 04:00 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email