l
V.R. KATARKI
_1_ _v._ A
' STATE OF KARNATAKA AND ORS.
# .
"'
MARCH 22, 1990
[RANGANATH MISRA AND K. RAMASWAMY, JJ.] B
_Service Law: Karnataka Judicial Service-Civil Judge-Dismissal_
_on ground of irregularities in_ _discharge of official duties-Validity of-_
_Quantum_ _of_ _punishment-Whether proportionate-Confidence_ _of_
_parties-Foundation of Judicial system-Hence, not to be affected._
_i_
##### The appellant, a Civil Judge, was dismissed by the High Court on [c ]
the ground that he had committed certain irregularities in the adjudicalion of references under Section 18 of the Land Acquisition Act, 1894 by
(i) writing letters to the Land Acquisition Officer, for enforcing the
Award, even though under Section 82 of the Civil Procedure Code,
1908, decrees against the State were not available for execution before D
90 days, (ii) fixing valuation higher than the legitimate one for the
lands, and (iii) using order-sheets got printed by the Advocate for the
parties. He was also alleged to have purchased a pump-set costing
Rs.1,000 without prior permission from the appropriate authorities.
His challenge to the dismissal was rejected by the High Court on the
judicial side. Hence, the appeal. E
Dismissing the appeal, but modifying the quantum of punishment, this Court,
HELD: 1.1 It is of paramount importance that judicial officers
must act above board and keep the channel of justice clean. Confidence F
of the litigating parties in Judicial system is the very foundation of the
... system and nothing should be done which would affect that. [SC]
1.2 Fixation of valuation is a judicial act. E'Ven if the assessement
###### 1 of valuation is modified or affirmed in appeal as a part of the judicial
..., I process, the conduct of the judicial officer drawable from an overall G
picture of the matter would yet be afailable to be looked into. In
appropriate cases it may be open to draw inferences even from judicial
acts. [3F]
..,._
1.3 On a consideration of the materials on record, there is some
scope for accepting the appellant's stand that there was some mistake in
##### "' '
scope for accepting the appellant's stand that there was some mistake in H
A
B
c
D
_2_ SLPREME COURT REPORTS [ 1990] Supp. 3 S.C.R.
fixing the valuation but no ill motive. He is, therefore, entitled to
benefit of doubt. However, it cannot be said that he had acted innocently in writing letters for enforcing of the awards. Similarly, he had
acted indiscreetly in allowing the order-sheets got printed by a particular Advocate to be used. Since the appellant possessed 43 acres of
agricultural lands, no serious view need be taken of the purchase of
pump-set without prior permission. [3G-H, 4C, E, F-G]
'
1.4 Ordinarily, justification of the quantum of punishment
imposed in a disciplinary action is not for the court to decide and there
have been occasions when this Court has taken interference by the High
Courts on quantum of punishment as an act in excess of jurisdiction.
But keeping the residue of the charges in view, the dismissal of the
appellant from service was out of proportion and compulsory retirement would meet the ends of justice. Accordingly, the appellant shall be
taken to have been compulsorily retired from service from the date his
dismissal became operative. [4H, SA-B]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4392
of 1986.
From the Judgment and Order dated 30. 1.1986 of the Karnataka
High Court in W.P. No. 19086 of 1985.
'
### "
..
E M.C. Bhandare, Rajeshwar Thakur, Ranji Thomas and T.
Sridharan for the Appellant.
B.B. Acharaya, Advocate General and P.R. Ramasesh for the
Respondents.
F The following Order of the Court was delivered:
ORDER
The appellant was a Civil Judge in the Karnataka Judicial Service
and was posted at Bagalkot in the district of Bijapur. Some time after
G 1979, acquisition proceedings under Central Act 1 of 1894 for the
purposes of Upper Krishna Project which was being funded by the
World Bank had been undertaken and references under section 18 of
the Act were pending which came to adjudicated upon by the appellant. On the basis of information reaching the High Court of several
irregularities therein, disciplinary proceedings were initiated against .•
H the appellant with many allegations but the main ones with which we
V.R. KATARKI _v._ STATE OF KARNATAKA 3
_1_ are concerned are: (I) notwithstanding the provision contained in
A
section 82 of the Code of Gvil Procedure that decrees against the State
were not available to be executed for 90 days from the date of making
of the decree; steps were taken to enforce the Awards by writing
letters to the Land Acquisition Officer; (2) higher valuation then was
legitimate of the lands were fixed by the appellant;(3) printed ordersheets other than those provided at the cost of the State to be used in B
judicial proceedings were used in the land acquisition cases where
apart from indicating the name of the Court of the appellant counsel's
name was also printed. Apart from these three charges, several other
charges including one which indicated that he had purchased a pump_i_
#### - set and its accessories costing above Rs.1,000 without prior permission
##### of dismissed from service and challenge to the dismissal has been rejected the appropriate authority were also levelled. Ultimately he has been c
by the High Court on the judicial side.
We have heard learned counsel appearing in support of the
appeal at length. He has taken us through the charges including the
statements of fact and the report of the Inquiry Authority and some D
other materials appearing on the record. So far as the valuation aspect
is concerned, we find that out of 17 matters involved where higher
..
valuation had been given, in three matters the State had gone on
appeal but no challenge in the memorandum of appeal was raised on
the plea of higher valuation. Three appeals have already been dismissed and the Court's awards have been confirmed. In regard to the
E
remaining cases we have been told at the Bar that the appeals have
been disposed of with modification of the valuation. Fixation of valualion was a judicial act of the appellant. We would like to make a
special mention of the position that even if the assessment of valuation
is modified or affirmed in appeal as a part of the judicial process, the
conduct of the judicial officer drawable from an overall picture of the
F
matter would yet be available to the looked into. In appropriate cases
it may open to draw inferences even from judicial acts but in the
present case when challenge was not raised in three of the appeals and
only subsequently challenge came to be raised when matter was
noticed, there is some scope for the appellant's stand being accepted
that there was a mistake and no ill motive and he is entitled to the
G
benefit of doubt.
So far as the letter of request issued to the Land Acquisition
Officer before the expiry of three months for depositing the awarded
money on the references, counsel for the appellant has explained that
#### ...
the land owners had been waiting too Jong to be paid the compensation II
4 SUPREME COURT REPORTS [ 1990] Supp. 3 S.C.R.
and in his anxiety to have their demands satisfied, the appellant ~ ·.
A thought it appropriate to request for collection of the compensation
money lying in the hands of the Land Acquisition Officer. According
**to him,** **it** may be an indiscrete act but there was really no ill motive
behind appellant's action and he should not, therefore, be punished.
The explanation seems to be too simple to be accepted but counsel's
B [stand cannot be totally ignored. It ][was ][really open to the Government ]
or the Land Acquisition Officer not to respond to the court by pointing
out the bar under section 82 of the Code of Civil Procedure. We have
been told at the Bar by learned Advocate General who appeared in
support of the respondents' stand that the Land Acquisition Officer
and in his anxiety to have their demands satisfied, the appellant
had perhaps been a consenting party to the act of favourable response
###### c of [to the notice but that aspect ] the appeal. On the materials placed before us, [is ][not relevant for the purpose of disposing ] we do not think that
the appellant acted innocently.
Now we come to the question of use of the printed order sheets it
is not disputed that order sheets are made available in the prescribed
_D_ [form for use ] [in ] [court and there ] [was ] [no particular necessity for the ]
appellant to have used the ordersheets got printed by Advocate Shri
M. C. Y ettinamata. It has been alleged in support of the charge that
this particular advocate belongs to the appellant's district and concentrated his practice in the court of the appellant when he got transferred to Bagalkor. The allegation smacks of some motive and we can
E [take note ] [of ][the feature that human nature being what it ] [is, ] [there ] [is ]
some anxiety to encourage the local people. In the present case the
High Court was right in relying upon this aspect of the charge. Accepting the position that the appellant had acted indiscretely when allowing such order sheets to be used, the High Court rightly found against
the appellant.
F
Learned Advocate General has fairly told us that the appellant
possessed about 43 acres of agricultural land and, therefore, he agreed
that no serious view may be taken that the appellant had purchased a
pump-set which cost above one thousand rupees without prior permission of the prescribed authority. We agree with the learned Advocate
G General.
The question for consideration now, therefore, is while the finding that the appellant was guilty in terms of the charges found should
the appellant have been dismissed from service. Ordinarily, justification of the quantum of punishment imposed in a disciplinary action is
## H l)Ot for the court to decide the there have been occasions when this ..
V.R. KATARKI _v._ STATE OF KARNATAKA 5
Court has taken interference by the High Courts on quantum of
punishment as an act in excess of jurisdiction. While we are cognizant
of that fact, keeping the residue of the charges in view, we are inclined
to hold that dismissal of the appellant from service was out of proportion and compulory retirement would meet the ends of justice. We
accordingly direct that in place of dismissal, the appellant shall be
taken to have been compulsorily retired from service from the date
when dismissal became operative. The appeal fails and is diSmissed.
No costs.
A
B
_j_
### -.
We would add that it is of paramount importance that judicial
officers must act above board and keep the diannel of justice clean.
Confidence of the litigating parties in the system is the very foundation C
of the system and nothing should be done which would affect that.
N.P.V. Appeal dismissed.
