The top court said: Merely on the basis of suspicion cannot be established misconduct



The Supreme Court on Tuesday said that misconduct cannot be established on the basis of mere suspicion. Along with this, it canceled the decision of the Rajasthan High Court and ordered the reinstatement of the dismissed judicial officer in the job.

The Rajasthan High Court had dismissed a judicial officer from his job for granting bail to an accused in a bribery case. A bench of Justice Uday Umesh Lalit and Justice Vineet Saran allowed the appeal of a judicial officer named Abhay Jain.

Judicial officer was accused of accepting the bail plea

Jain had accepted the bail plea of ​​the petitioner, who had been disappointed with the High Court a few days back. He was then sacked in 2016 on charges of ‘misconduct’. The 70-page judgment written by Justice Saran on behalf of the bench said that we are of the view that the petitioner may be guilty of negligence in the matter that he had not read the case file properly and took cognizance of the notice of the High Court. was not taken, which was present in that file. But negligence cannot be called misconduct.

Order to give 50 percent salary

The top court directed the petitioner judicial officer to be given all benefits including continuity of service and seniority, but said that only 50 per cent salary would be paid to the judicial officer. The court has given four months time to pay this amount.

Referring to several judgments, the bench said that ‘misconduct’ cannot be established on the basis of mere suspicion. The Court said that for this, oral or documentary facts must be present, but in the present case this requirement has not been fulfilled.

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