The Supreme Court believes that there is a growing tendency among a section of the country's judges to deliver unwanted, unacceptable and irrelevant judgments just before retirement. On Wednesday, Chief Justice of India Surya Kant and Justice Jaymalya Bagchi made this observation in a case regarding an application for stay of suspension against a district judge in Madhya Pradesh. The Supreme Court Bench stated, "When he started hitting these sixers, he did not know that the retirement age would be extended. The message must go Mr.Sanghi. This unfortunate trend... I don't want to say anything further."
The matter in question
Rajaram Bharatiya is the Chief Judicial Magistrate and Sessions Judge of Panna district in Madhya Pradesh. He was supposed to retire on November 30 this year. But he was suspended on November 19. Challenging the suspension and seeking a stay on it, he filed a case in the Supreme Court.
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Reason behind the suspension
According to sources, the District Collector of Panna imposed a fine of ₹100 crore on a political leader from Madhya Pradesh—who is also the owner of a stone crusher firm—for revenue evasion. Judge Rajaram dismissed the Collector's order just before his retirement. Following this, the judge's order came under intense scrutiny at the Madhya Pradesh High Court. The administrative division of the High Court unanimously decided to suspend him. This decision was taken 11 days before the judge's retirement. However, the administrative division of the Madhya Pradesh High Court did not provide an explanation for the suspension.
Meanwhile, the Madhya Pradesh government has issued a notification making the retirement age for state government employees 62 years. The Supreme Court endorsed the Madhya Pradesh government's notification on November 20. As a result, Judge Rajaram's retirement timeline has also been extended. Accordingly, Judge Rajaram will retire on November 30, 2026. Chief Justice Surya Kant stated that when the judge was delivering the judgment quashing the fine, he was unaware that the retirement age for government employees like him had been increased by one year.
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On Wednesday, Judge Rajaram's lawyer Vipin Sanghi argued in the Supreme Court that his client's service record is very good and noteworthy. He was suspended for 2 judgments delivered just before his retirement. The lawyer questioned how a judge can be suspended for his judicial orders, especially when there is scope for appeal against that judge's verdict in higher courts and the higher court can correct the judge's erroneous judgment if necessary.
After hearing lawyer Sanghi's arguments, the Division Bench stated that it is true that no disciplinary action can be taken against any judicial officer and he cannot be suspended for this reason. But what happens if his judgment is clearly dishonest or if serious questions arise about that judgment or it becomes suspicious?
The Chief Justice's Division Bench also raised the question of why Judge Rajaram filed a case directly in the Supreme Court without challenging the suspension decision in the Madhya Pradesh High Court. The judge's lawyer replied that the administrative division of the Madhya Pradesh High Court unanimously decided on the suspension. His client thought he would get justice in the Supreme Court. Hearing this argument, the Supreme Court stated that an appeal could have been made to the judicial division there regarding the administrative division's decision of the High Court. But the judge did not do so despite having the opportunity.
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The Supreme Court has informed the judge's lawyer that he can file a case in the High Court seeking withdrawal of the suspension order. The apex court will not hear this case. The Madhya Pradesh High Court will dispose of the case within four weeks.
