Dismissed

Shahjahan S Mulla v. Ld.Magistrate Swati Gupta and Anr.

Bombay HC8 Apr 2019WP/2104/2018

Case brief

AI extract

What is this about?

Petitioner challenged a Metropolitan Magistrate in New Delhi seeking disciplinary action. The High Court of Bombay refused to entertain the petition, holding that the Disciplinary Authority alone determines initiation of proceedings against a Judicial Officer. Petition rejected.

What did the court decide?

Petition rejected; Chamber Summons quashed; no adjudication on merits.

Shahjahan S Mulla Vs Ld.Magistrate… — Constitutional and Fundamental Rights | Bombay HC (2019)

¶1

wp-2104-2018

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

¶3

WRIT PETITION NO. 2104 OF 2018 WITH CHAMBER SUMMONS NO.176 OF 2018 AND CHAMBER SUMMONS NO.102 OF 2019

¶4

Shahjahan S. Mulla v/s.	..	Petitioner/ Applicant.
Swati Gupta, Ld. Magistrate CMM, New Delhi & Another	..	Respondents.

¶5

Mr. Vijay S. Kurle i/b. Mr. Partha S. Sarkar, for the Petitioner/ Applicant.

¶6

CORAM: A.S.OKA & M.S.SANKLECHA, JJ. DATE : 8^th APRIL, 2019.

¶7

P.C:-

¶8

Heard the learned Counsel appearing for the Petitioner. Going by the averments made in the Petition as well as in the Chamber Summons, it appears that the Petitioner's grievance is against a Judicial Officer working in New Delhi. The Judicial Officer against whom allegations are made is the learned Chief Metropolitan Magistrate at New Delhi and, therefore, this Petition ought not to be entertained by this Court. The Petitioner is seeking initiation of disciplinary proceedings against the learned Judge.

¶9

1 of 2

¶10

S.R.JOSHI

¶11

2 The issue whether the disciplinary proceedings against a Judicial Officer are required to be initiated or not can only be decided by the Disciplinary Authority which is competent to initiate the disciplinary proceedings.

¶12

3 Hence, we decline to entertain this Petition. Accordingly, the Petition is rejected. However, we make it clear that no adjudication is made by us on the allegations made by the Petitioner.

¶13

4 In view of the rejection of the Petition , nothing survives in the Chamber Summons and the same is also rejected.

¶14

(M.S.SANKLECHA,J.) (A.S.OKA,J.)

¶15

2 of 2

¶16

S.R.JOSHI

Shahjahan S Mulla v. Ld.Magistrate Swati Gupta and Anr.

Case brief

What is this about?

What did the court decide?

Shahjahan S Mulla v. Ld.Magistrate Swati Gupta and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

The Commissioner of Cgst and Central Excise, Navi Mumbai Commissionerate Vs Bharat Petroleum Corporation Ltd.

Luis Santan Coleco Vs the Honble Grievance Redressal Committee and 5 Ors.

Prem Ramesh Soshte Vs the Hon'Ble Grievance Redressal Committee and Ors. 5

The Hongkong and Shanghai Banking Corporation Ltd. Vs Commissioner of Customs,Import Mumbai

Shahjahan S Mulla Vs Ld.Magistrate Swati Gupta and Anr. and Govt. of Delhit Thr Chief Secretary (Prop. Respondent)

Director General of Shipping Vs Mukkadayil Pylee John