The chief justice of the Allahabad high court has reportedly withdrawn all the judicial work from Justice Shri Narayan Shukla, who has reportedly been involved in the medical college admission scam, a fallout of one of the cases that rocked the judiciary recently.
This was after Chief Justice of India Dipak Misra cleared the way for Justice Shukla’s persecution following a panel inquiry against him, which found Justice Shukla guilty of impropriety. There are also reports that Justice Shukla might soon go on a long leave after being stripped of all the judicial works.
The Chief Justice of India has accepted the recommendations of the three-member panel constituted by him in November last year to look into the alleged allegations against Justice Shukla. The committee was set up after the Advocate General of Uttar Pradesh had complained to the CJI in September last year.
The inquiry committee has found Justice Shukla guilty of impropriety and has asked for his removal from office. The committee said that Justice Shukla had lowered the credibility of the office. It said that he “had disgraced the values of judicial life, acted in a manner unbecoming of a judge” and lowered the “majesty, dignity and credibility of his office”. The committee’s report states that “there is sufficient substance in the allegations” against Justice Shukla, enough for him to be removed.
Acting on the panel’s recommendations, CJI Misra gave him two options, either to take voluntary retirement or to resign. Justice Shukla, who refuted all the charges, did not accept the suggestions of the CJI. After which the only option left was to withdraw all the judicial work from him and the CJI ordered for the same. His name reportedly did not appear in the January 30 roster released by the Allahabad high court registry.
The three-member committee, which looked into the corruption allegations levelled on Justice Shukla comprised Madras high court Chief Justice Indira Banerjee, Sikkim high court chief justice S K Agnihotri and Madhya Pradesh high court judge P K Jaiswal.
Justice Shukla had allegedly permitted a medical college to accept students despite the Medical Council and the apex court’s disapproval. Former Orissa high court judge IM Quddusi was also booked by the CBI for an alleged fixing case. Justice Quddusi was arrested days after the agency filed an FIR against him and four others. The CJI will now decide whether the CBI should probe Justice Shukla as well.
Constitutionally, any complaint of misbehaviour against a judge can be probed under the Judges (Inquiry) Act, 1968. Justice Shukla being a high court judge can only be removed by the parliament and therefore Justice Misra will now have to write to the Prime minister and the President. Justice Shukla can be removed from office only after an order is passed with special majority in both the houses of the parliament, after a three-member panel’s inquiry into the matter. The President would pass the final orders for the removal.
—India Legal Bureau