A Judge Of High Court Does Not Possess Disciplinary Jurisdiction Over Railway Personnel- CJI DY Chandrachud
The Chief Justice of India DY Chandrachud has written a letter to the Chief Justice of all the High Courts after the Allahabad High Court Judge sought an explanation from the Railways after his train was delayed.
The Judge of the High Court called for an explanation from railway officials for allegedly not meeting his requirements during a train journey from Delhi to Prayagraj. Subsequently, a letter was sent by the Registrar (Protocol) of the Allahabad High Court to the General Manager of the North Central Railway, Prayagraj, seeking an explanation on the issue.
The CJI while expressing displeasure over the incident has said a judge of the High Court does not possess disciplinary jurisdiction over railway personnel, hence there was no occasion for an officer of the High Court to call for an explanation from the railway personnel "to be placed before His Lordship for kind perusal."
"Evidently, the officer of the High Court in the above communication was carrying out a direction of the Judge of the High Court in this instance ('the Hon'ble Judge has desired')," the CJI said in the letter dated July 19.
"Protocol 'facilities' which are made available to Judges should not be utilised to assert a claim to privilege which sets them apart from society or as a manifestation of power or authority. A wise exercise of judicial authority, both on and off the Bench, is what sustains the credibility and legitimacy of the judiciary and the confidence which society has in its Judges," CJI wrote.
Further, the CJI has said that communication which has been addressed by an officer of the High Court to the General Manager of the Railway establishment has given rise to justifiable disquiet both within and outside the judiciary.
"A wise exercise of judicial authority, both on and off the Bench, is what sustains the credibility and legitimacy of the judiciary and the confidence which society has in its Judges," CJI Chandrachud said.
CJI in his letter has requested all the Chief Justices of the High Courts to share his concern with all the colleagues across the High Courts.
Furthermore, it was also said that "Self-reflection and counselling within the judiciary is necessary. Protocol facilities which are made available to Judges should not be used in a manner that is liable to result in inconvenience to others or to bring public criticism of the judiciary."