Inquiry -- Judicial Officer--High Court Can Initiate Disciplinary Inquiry Against Judicial Officer Without Formal Complaint Or Affidavit
The High Court's power to initiate disciplinary proceedings against a judicial officer is independent and absolute under Article 235 of the Constitution and Rule 9(2) of the Gujarat Civil Services (Discipline and Appeal) Rules, 1971. This power requires only formation of an opinion that grounds exist for inquiry into alleged misconduct. Administrative guidelines requiring a written complaint supported by an affidavit apply only to complaints by litigants and cannot fetter the disciplinary authority's statutory discretion. Allegations by a serving judicial officer suggesting that a senior judge exercises influence over junior judges prima facie constitute criminal contempt as they tend to scandalise the institution and undermine public confidence in the judiciary.
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