Judicial officer can't shout at judges, says apex court
New Delhi, Sept. 11 -- A judicial officer cannot raise his voice against judges or tell a court that it was responsible for its own failure to fill sanctioned posts, the Supreme Court said on Thursday, as it declined to stay criminal contempt proceedings against a senior Maharashtra judicial officer accused of adopting an aggressive, high-pitched tone "bordering to shouting" and blaming the Bombay high court administration during court proceedings.
A bench of justices Vikram Nath and Sandeep Mehta, however, restrained the Bombay HC from taking a final decision in the contempt proceedings pending before it. The bench issued notice on the officer's plea and listed the matter for September 28, allowing the HC to continue with the proceedings in the meantime.
"A judicial officer cannot shout against the judges in a court," the bench said during the hearing.
The bench was hearing a plea by Dilip S Ghumare, secretary and senior legal adviser in Maharashtra's Department of Law and Judiciary, challenging the Bombay HC's September 1 order initiating contempt proceedings against him. The SCbench also questioned Ghumare's justification for his conduct. "A judicial officer has no business to tell a court that it is the court which is responsible for not filling up the posts. He should repent for his words. This is gross indiscipline. Even a senior bureaucrat does not dare to raise his voice in the court," it said.
The bench said,"Our advice to you is that you should go back to the high court and seek an unconditional apology. Let the high court consider your request."
Senior advocate Vikas Singh, appearing for Ghumare, sought a stay of the high court proceedings, saying his client had already tendered an apology and had subsequently sought voluntary retirement. Singh said Ghumare had to serve a three-month notice period and had also been transferred to a Naxalite area.
Singh also sought a video recording of the proceedings, pointing out that the high court order described Ghumare's conduct as "bordering on shouting".
The Supreme Court, however, said it had also examined Ghumare's affidavit. "It goes on to suggest that the high court is in error," the bench observed.
Singh argued that Ghumare had merely pointed out that while 1,100 posts were sanctioned, only 385 had been filled and that it was for the high court to process the appointments. The bench responded that there were "difficulties that the HC also has".
The controversy arose during the hearing of a public interest litigation filed in 2013 by RTI activist Vihar Durve. The Bombay high court had found an affidavit filed by Ghumare on August 4 unsatisfactory and sought clarity on an additional affidavit stating that 179 new posts for fast-track courts had been created.
When the additional government pleader could not provide a clear answer, the court asked Ghumare, who was present, to point out the relevant averments and questioned him about who had drafted the affidavit.
According to the HC, instead of answering, Ghumare "launched into an aggressive, high-pitched tone (bordering to shouting)" and blamed the high court administration, stating that it was responsible for not filling up the 179 posts.
The high court described the outburst as an "unwarranted" and "deliberate" assault on its dignity and authority, and issued Ghumare a notice under the Contempt of Courts (Bombay High Court) Rules, 1994, asking why contempt proceedings should not be initiated against him. The matter will be heard on September 11....
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