SC says registrar general cannot initiate action independently
The Supreme Court of India ruled that a high court registrar general cannot independently initiate disciplinary proceedings against a judicial officer without approval from the chief justice or authorised judges, while hearing a case involving a dismissed Uttarakhand woman judicial officer
New Delhi: The Supreme Court on Monday said that registrar general of a high court has no authority to initiate disciplinary action against a judicial officer unless he is authorised by the chief justice or a committee of judges of the high court.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said unless the disciplinary proceedings is approved by the high court’s chief justice or a committee of judges, such action would be invalid.
The observations came from the bench which was dealing with a plea filed by the Uttarakhand High Court’s administrative side challenging a January 2026 verdict of its division bench. The division bench of the high court had set aside the penalty of removing a woman judicial officer from service.
The woman judicial officer had faced an inquiry over allegations that she had abused a minor girl child physically, mentally and emotionally and kept her as a maid servant in her house.
“What we find shockingly is that the inquiry proceedings were initiated by the registrar general of the high court who did not obtain any order whatsoever from the chief justice of the high court or the disciplinary committee comprising judges of the high court,” the top court said.
The bench noted that the woman judicial officer was already reinstated pursuant to the order of the high court’s division bench. “Was there any order by the competent authority to initiate the disciplinary action?” the bench asked the counsel appearing for the high court.
When the counsel said there was no written instruction from the chief justice in this regard, the apex court observed, “Then this is a very serious issue. That amounts to abuse of power by the registrar general.” The top court said the question of imposing punishment would arise only if the inquiry was initiated by the competent authority.
“The registrar general of the high court has absolutely no authority, either in terms of the constitutional scheme or statutory rules governing judicial officers, to suo motu initiate disciplinary action against a judicial officer. He can only act on behalf of the chief justice or the judges of high court,” it said.
It also noted that the complaint received in the matter in January 2018 was by way of an anonymous e-mail. The counsel appearing for the woman judicial officer said no order was passed by the competent authority directing for an inquiry in the matter.
The counsel appearing for the high court said it was a case of gross misconduct as the woman judicial officer had allegedly victimised a minor girl who was kept as a domestic help at her residence and was rescued with 20 injuries marks on her body. The bench noted that the woman judicial officer had from the very beginning alleged that she was victim of harassment at the hands of some senior officials.
The top court said it was not inclined to interfere with the part of the high court order, which said the judicial officer shall be deemed to have continued in service from the date of dismissal/removal from service. The high court had delivered its verdict on a plea filed by the judicial officer against the penalty imposed on her.
