The Punjab and Haryana High Court recently declined to quash a disciplinary inquiry against a judicial officer accused of awarding disproportionately high compensation in Motor Accident Claim Tribunal (MACT) cases.

The Division Bench, comprising Chief Justice Sheel Nagu and Justice Anil Kshetarpal held that the absence of specific details regarding alleged "extraneous consideration" received by the judge would not prevent an investigation into the charges.

"While the non-specification of extraneous consideration may be relevant for the petitioner, the fact remains that compensation under the sole head of ‘loss of love and affection’ was nearly ten times the expected amount. Such a vague allegation of extraneous consideration cannot obstruct the High Court from proceeding with an inquiry to ascertain the existence or non-existence of oblique motives through disciplinary proceedings," the Court observed.

Additional District and Sessions Judge Sudhir Jiwan had sought to quash the charge sheet issued against him by the High Court in 2014, for which he was granted interim protection in March 2017. However, this protection was vacated on February 4, allowing the High Court to continue the departmental inquiry "in accordance with law as expeditiously as possible."

According to the article of charges, Jiwan, while adjudicating motor accident claims as an MACT judge, allegedly granted excessive compensation under the "loss of love and affection" category without providing justifiable reasoning or referring to any relevant case law. Specifically, he is accused of awarding ₹20,69,688 and ₹18,25,400 in two separate cases under this head.

In his petition, Jiwan contended that judicial decisions are immune from disciplinary proceedings on the administrative side and that the allegation of extraneous consideration lacked specificity.

Case Title: Sudhir Jiwan v. High Court of Punjab & Haryana and Another