In a significant judgment, the Supreme Court has overturned the Kerala High Court’s 2022 decision to initiate disciplinary proceedings against a Judicial Officer stationed in Lakshadweep. The apex court’s decision highlighted procedural oversights by the Kerala High Court in the case of K Cheriya Koya v. Mohammed Nazer MP and Others.
The controversy began when the High Court acted on allegations against the officer for mismanagement in a criminal trial, including not allowing the cross-examination of witnesses and convicting the accused without sufficient evidence. These proceedings led to the officer’s suspension pending an inquiry, based on the High Court’s decision dated December 23, 2022.
However, the Supreme Court bench, comprising Justices Hrishikesh Roy and SVN Bhatti, pointed out a significant lapse in the proceedings at the Kerala High Court. The apex court noted that the High Court had made its decision without waiting for the complete records from the Chief Judicial Magistrate of Amini, which were only received three days after the judgment.
Justice Roy elaborated on the implications of this oversight, stating, “The record from the Court of the CJM, Amini was received in the High Court’s 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 and is liable to be set aside.”
As a result of the Supreme Court’s ruling, the disciplinary proceedings against the judicial officer were deemed baseless, and the matter has been remanded back to the Kerala High Court for a fresh review. The apex court has directed the Chief Justice of the Kerala High Court to ensure an expedited reevaluation of the restored petitions.
