1997 (12) TMI 657 - SC - Indian Laws

Summary

Issues Involved:
1. Judicial Propriety and Discipline.
2. Powers of the Chief Justice in Assigning Cases.
3. Issuance of Contempt Notice to the Chief Justice.
4. Allegations Against Former Chief Justices Regarding Daily Allowance.

Summary:

Judicial Propriety and Discipline:
The Supreme Court addressed the issue of judicial propriety and discipline, highlighting the unusual nature of the case where a Single Judge of the Rajasthan High Court, Shethna, J., made observations and allegations regarding a disposed of writ petition while hearing an unrelated criminal revision petition. The Court emphasized that the manner in which allegations were made against the Chief Justice of the High Court and other judges was inappropriate and subversive of judicial discipline.

Powers of the Chief Justice in Assigning Cases:
The judgment clarified the powers of the Chief Justice in the matter of the constitution of benches and allocation of work. It stated that the Chief Justice is the master of the roster and has the prerogative to distribute judicial business. The Chief Justice alone can decide which judges will sit alone or in benches and what cases they will hear. The judgment cited various legal precedents to support this view, emphasizing that no judge or bench can assume jurisdiction in a case unless it is allotted by the Chief Justice.

Issuance of Contempt Notice to the Chief Justice:
The Court held that Shethna, J. had no authority to issue a notice of contempt to the Chief Justice for transferring a part-heard writ petition to a Division Bench. The issuance of such a notice was deemed illegal, unwarranted, and without jurisdiction. The Court quashed the notice, stating that the Chief Justice's order to transfer the case was legally valid and within his statutory powers.

Allegations Against Former Chief Justices Regarding Daily Allowance:
The judgment addressed the allegations made by Shethna, J. against former Chief Justices, including the present Chief Justice of India, Mr. Justice J.S. Verma, regarding the drawal of daily allowance while staying in a High Court Guest House. The Court found these allegations to be factually incorrect, procedurally untenable, and legally unsustainable. It was clarified that the Chief Justices were entitled to draw full daily allowance and that there was no misappropriation of public funds. The Court expressed serious disapproval of the manner in which these allegations were made.

Conclusion:
The Supreme Court quashed and expunged all observations, comments, insinuations, and orders made by Shethna, J. relating to the disposed of writ petition. The direction to issue a show cause notice to the Chief Justice was also set aside. The Court emphasized the importance of judicial propriety, discipline, and the proper exercise of judicial powers. The appeal was allowed.