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IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.  210  OF 2013

(SPECIAL LEAVE PETITION (CIVIL) NO.4100 OF 2009)

ANUJA PRABHUDESSAI              APPELLANT

VERSUS

STATE OF GOA                        RESPONDENT

WITH W.P.(C)NO.53 OF 2009

O R D E R

C.A. @ S.L.P. (C) No.4100 of 2009:

1. Leave granted.

2. This  appeal  by  special  leave  is  directed  against  the  

judgment and order passed by the High Court of Judicature of  

Bombay at Goa in Contempt Appeal No.1 of 2006, dated 24.08.2007.  

By the impugned judgment and order, the High Court has dismissed  

the appeal filed by the appellant and confirmed the order passed  

by  the  learned  Single  Judge  of  High  Court  in  Criminal  Writ  

Petition  No.  1  of  2006,  dated  17.07.2006,  wherein  certain  

observations  were  made  while  discharging  the  contempt  notice  

issued to the appellant.

3. The  appellant  before  us  is  the  District  and  Sessions  

Judge, North Goa at Panaji-Goa. For certain acts and omissions  

said to have been committed by her, the learned Single Judge of  

the High Court had initiated proceedings for civil contempt by

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issuing notice dated 15.06.2006. Vide order dated 17.07.2006,  

the learned Single Judge had discharged the contempt proceedings  

and directed the Registrar General of the High Court to initiate  

appropriate disciplinary proceedings against the appellant.  

4. The aforesaid direction was issued after discharge of the  

contempt proceedings.  The same was questioned by the appellant  

before the Division Bench of the High Court in Contempt Appeal  

No.1 of 2006. The Division Bench by impugned judgment and order  

concurred with the observations made by the learned Single Judge  

and further clarified that the said directions issued imply that  

the Registrar General of the High Court must seek appropriate  

directions  from  the  competent  authority  in  respect  of  any  

disciplinary proceedings required to be initiated against the  

appellant  and  that  the  order  did  not  disclose  any  aspect  

regarding finality of disciplinary proceedings.  

5. We have heard the learned counsel for the parties to the  

lis at length.  

6. The observations so made by the Court in the course of its  

judgment and order, in our considered view would cast a shadow  

on the judicial career of the appellant, which, in our opinion,  

should not be jeopardized especially at this crucial juncture of  

her professional development as a judicial officer.  The career  

of a bright judicial officer must not, therefore, be imperiled  

such that her further growth is stunted.  Therefore, without  

going into the details and finer aspects of the case at hand, we

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intend to set aside certain observations made by the High Court  

which would affect the career of the appellant.

7. Accordingly,  we  allow  this  appeal  and  set  aside  the  

impugned judgment and order in Contempt Appeal No. 1 of 2006  

dated 24.08.2007 and the impugned judgment and order in Criminal  

Writ  Petition  No.  1  of  2006  dated  17.07.2006  and  the  

communication of the Registrar General of the High Court dated  

20.10.2008.  We clarify that we have not disturbed the order  

passed by the High Court discharging the contempt proceedings  

initiated against the appellant

Ordered accordingly.

W.P.(C)No.53/2009:

In view of the foregoing order passed in the Civil Appeal@  

Special Leave Petition (C) No. 4100 of 2009, this Writ Petition  

is  also  disposed  of.  We  further  direct  that  the  remarks  

contained   in   the   letter   dated     20.10.2008    stands

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deleted and the related Annual Confidential Reports be amended  

accordingly.

Ordered accordingly.

.......................J.

(H.L. DATTU)

.......................J.

(RANJAN GOGOI)

NEW DELHI;

JANUARY 09, 2013.