Who exercises disciplinary control over the State Judicial Service?

Question: Who exercises disciplinary control over the State Judicial Service? [RJS 1980-81]

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Answer

The question regarding who controls the subordinate judiciary in the State and who in particular exercises disciplinary control over members of the Subordinate Courts of the States under the Constitution of India and what principles govern the procedure of disciplinary Tribunals are the important questions raised in the case of Nripendra Nath Bagchi v. Chief Secretary, Govt. of West Bengal, (1966) 2 S.C.J. 59.

This case is related to disciplinary jurisdiction over district judges, in which the Supreme Court held, that “control” must include disciplinary jurisdiction. The court, in this case, ruled that the control over the District Courts and the Courts subordinate thereto is vested with the High Court under Article 235 of the Indian Constitution, and the authority competent to take disciplinary proceedings and action against the petitioner or to deal with in any way was the High Court and not any other authority. This control which is vested in the High Court (under Article 235) “is a complete control subject only to the power of the Governor in the matter of appointment (including dismissal and removal) and posting and promotion of District Judges”.

It thus ruled that in the present case, provisions of the Civil Services (Classification, Control, and Appeal) Rules in so far as they authorize any authority other than the High Court to take disciplinary action against the person holding the post of the petitioner are ultra vires and void under Article 235 of the Constitution.

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