Overview
- Allowing Nirbhay Singh Suliya’s appeal, a bench of Justices J.B. Pardiwala and K.V. Vishwanathan set aside his removal and directed that he be deemed in service until superannuation.
- The court ordered full back wages and all consequential benefits, to be released within eight weeks with 6% interest, and directed circulation of the judgment to all High Courts.
- The judgment cautions High Courts against initiating disciplinary action for allegedly incorrect or conflicting orders without material indicating misconduct.
- The bench warned that fear of administrative action deters trial courts from granting deserving bail, driving a surge of bail petitions to higher courts.
- The court directed action against engineered or frivolous complaints, including contempt or Bar Council referrals, while stating that proven misconduct should prompt strict disciplinary or criminal proceedings.