ABHAY JAIN VS. THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, SC 15TH MARCH, 2022

ABHAY JAIN VS. THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, SC 15TH MARCH, 2022

The Supreme Court, in this case, observed that a Judicial Officer cannot be prosecuted merely for negligence. If he did not have any corrupt intention, then mere negligence or error cannot amount to misconduct. The Supreme Court has ordered the reinstatement of a sessions court judge who was discharged from his job, holding that one wrong order did not "warrant the initiation of disciplinaryproceedings", unless there was evidence of "extraneous considerations or ulterior motive".

The Supreme Court said that any judicial officer could make a mistake, and that negligence should not be equated with misconduct. The bench further noted that high courts should provide "proper guidance" to lower court judges if there were errors in an order as long as there was no "corrupt motive".