Gujarat High Court Upholds Power To Initiate Inquiry Against Judicial Officers Without Formal Complaint

The Gujarat High Court has ruled that disciplinary proceedings against a judicial officer can be initiated even without a written complaint supported by an affidavit, reaffirming the High Court’s constitutional authority to maintain discipline within the judiciary.

In In XYZ v. High Court of Gujarat Through Registrar General, a Division Bench of Justice N.S. Sanjay Gowda and Justice J. L. Odedra dismissed a petition filed by a serving Additional District Judge challenging departmental proceedings initiated against him.

The petitioner argued that the inquiry was invalid because no formal complaint accompanied by a sworn affidavit had been filed. Relying on disciplinary rules governing judicial service, the Court rejected this contention and clarified that the disciplinary authority only needs to form an opinion that sufficient grounds exist to investigate alleged misconduct.

The Bench observed that guidelines requiring affidavits and verifiable material were primarily intended to prevent frivolous complaints by disgruntled litigants and could not restrict the High Court’s independent disciplinary powers under Article 235 of the Constitution.

The Court further took serious note of allegations made by the petitioner against a senior High Court judge in written submissions filed after arguments had concluded. Observing that such statements could undermine public confidence in the judiciary, the Bench held that the remarks prima facie amounted to criminal contempt and directed the matter to be placed before the appropriate contempt bench for further consideration.