Shahjahan S Mulla v. Ld. Magistrate Swati Gupta And ANR

wp-2104-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2104 OF 2018 WITH CHAMBER SUMMONS NO.176 OF 2018 AND CHAMBER SUMMONS NO.102 OF 2019 Shahjahan S. Mulla ..

Petitioner/ Applicant.

v/s.

Swati Gupta, Ld. Magistrate CMM, New Delhi & Another ..

Respondents.

Mr. Vijay S. Kurle i/b. Mr. Partha S. Sarkar, for the Petitioner/ Applicant. CORAM: A.S.OKA & M.S.SANKLECHA, JJ.

DATE : 8th APRIL, 2019.

P.C:- 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.

S.R.JOSHI

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.

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. In view of the rejection of the Petition, nothing survives in the Chamber Summons and the same is also rejected. (M.S.SANKLECHA,J.) (A.S.OKA,J.) S.R.JOSHI