ANUJA PRABHUDESSAI Vs STATE OF GOA
Bench: H.L. DATTU,RANJAN GOGOI
Case number: C.A. No.-000210-000210 / 2013
Diary number: 11474 / 2008
Advocates: SHOBHA Vs
A. SUBHASHINI
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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.