Overview
- Justices JB Pardiwala and KV Vishwanathan allowed Nirbhay Singh Suliya’s appeal, overturning his termination as an Additional District and Sessions Judge.
- The Court directed that Suliya be deemed in service until normal superannuation with full back wages and all consequential benefits, payable within eight weeks with 6% interest.
- The judgment cautions High Courts against launching disciplinary action for mere errors of judgment, noting a chilling effect that discourages trial judges from granting bail.
- The Bench ordered action against engineered or frivolous complaints, including possible contempt proceedings and references to Bar Councils when lawyers are involved.
- The Court clarified that prima facie misconduct must still draw prompt disciplinary measures and, in appropriate cases, criminal prosecution to remove tainted judges.