New Delhi: The Supreme Court has set aside disciplinary proceedings against a judicial officer from Lakshadweep, emphasizing the importance of following proper procedures in judicial disciplinary matters. Justices Hrishikesh Roy and S.V.N. Bhatti found that the Kerala High Court had passed orders without reviewing crucial case records.
Procedural Flaw Leads to Reversal of Disciplinary Proceedings
The case involved K. Cheriya Koya, who served as Sub-Judge-cum-Chief Judicial Magistrate in Lakshadweep. The High Court had ordered his suspension and initiated an inquiry following allegations of improper conduct in a criminal case, where he had convicted 11 accused individuals without examining the Investigating Officer or allowing cross-examination.
Supreme Court Overturns Kerala High Court’s Decision on Judicial Officer
The court noted a critical procedural flaw, observing: “The record from the Court of the CJM, Amini, was received in the High Court only on 26.12.2022, whereas the High Court judgment was rendered prior to such receipt, on 23.12.2022. The adjudication of the matter on 23.12.2022, in the absence of the complete records being reviewed, would render the said order dated 23.12.2022 legally invalid.”
Addressing the timeline of events, the Supreme Court highlighted that the High Court had initially adjourned proceedings to January 5, 2023, while requisitioning records from the CJM Court in Lakshadweep. However, the matter was unexpectedly listed
[Read Order]
