Expected Removal of High Court Judge : Supreme Court Decides the Petition

Expected Removal of High Court Judge : Supreme Court Decides the Petition

In the recent case of XXX v. Union of India [2025] GCtR 1395 (SC), petition filed by a former Judge of Delhi HC [who is currently Judge of another HC] has been dismissed. It was held that if indeed, the CJI has reiterated the finding of the Committee as contained in the REPORT and recommended initiation of proceedings for removal of the Petitioner from office, such a recommendation cannot be impeached on any valid and legal ground.

Notwithstanding that the recommendation of the CJI carries much weight, one has to realize that the intimation given by the CJI, under the PROCEDURE, is for the eyes of the President and the Prime Minister alone and not anyone else.

While holding that "that a Judge of a High Court cannot be removed from office except on the ground of proved misbehaviour or proved incapacity admits of no doubt and the provisions relatable to removal of a Judge of a High Court from office are traceable to Articles 217 and 218 read with Article 124", the decision by then CJI directing said HC Judge to resign was found valid. Yet again, the in-house inquiry or its report forming part of the PROCEDURE in itself does not lead to removal of a Judge, unlike the constitutionally ordained procedure. Thus, the in-house inquiry is not a removal mechanism in the first place, much less an extra-constitutional mechanism.