P.S. Malik, Additional District Judge [Dwarka, New Delhi], against whom disciplinary proceedings alleging sexual harassment is underway, filed a Writ Petition under Article 32. Supreme Court was quick to note, expression of opinion by Court on issues relevant and material in a disciplinary inquiry may cause prejudice. An important question was considered, nonetheless.

The word ‘control’ used in Article 235 has been held by Supreme Court to be disciplinary control [State of West Bengal v. Nripendra Nath Bagchi, AIR 1966 SC 447]; ‘control’, therefore is not merely power to arrange day to day working of Court but contemplates disciplinary jurisdiction.

Hon’ble Justice Ashok Bhushan, in P.S. Malik v. High Court of Delhi, [Writ Petition (Civil) No. 705 of 2018] has held, “to same effect is Three Judge Bench Judgment of this Court in Baradakanta Mishra v. High Court of Orissa, (1976) 3 SCC 327.”

“The scope of Article 235 has been examined by this Court in several decisions. The effect is this. The word ‘control’ as used in Article 235 includes disciplinary control over District Judges… The word ‘control’ is accompanied by the word ‘vest’ which shows, High Court is made sole custodian of the control… The word ‘deal’ in Article 235 also indicates, the control is over disciplinary and not mere administrative jurisdiction… The control which is vested in High Court is complete control subject only to power of Governor…”

– Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray, Badrakanta Mishra v. High Court of Orissa, (1976) 3 SCC 327.

Hon’ble Justice Ashok Bhushan also referred to Registrar (Admn.), High Court of Orissa, Cuttack, (1999) 7 SCC 725; Rajendra Singh Verma, (2011) 10 SCC 1 and concluded:

“The provisions of Sections 11 and 13 of The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 in no manner affect control of High Court under Article 235, which it has with respect to Judicial Officers… The power to suspend Judicial Officer vests in High Court. Full Court of High Court is in no manner precluded from initiating disciplinary inquiry against P.S. Malik and place P.S. Malik under suspension on being satisfied sufficient material exists.”