PRABHA SHARMA Vs. SUNIL GOYAL & ORS.

CONSTITUTION OF INDIA 1949

Section 141 - Law declared by Supreme Court to be binding on all courts

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 632-633 of 2017, Judgment Date: Jan 17, 2017

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION

                      CIVIL APPEAL NOs. 632-633 OF 2017
          [@ SPECIAL LEAVE PETITION (C) Nos. 25552-25553 OF 2011 ]

      PRABHA SHARMA                                Appellant (s)

                                VERSUS

      SUNIL GOYAL & ORS.                           Respondent(s)

                               J U D G M E N T

KURIAN, J.
1.    Leave granted.

2.    The appellant is aggrieved by certain  observations  in  the  impugned
Judgment, which according to the appellant, are adverse in nature.

3.    Having gone through the impugned Judgment, we find that the Court,  in
the impugned Judgment, has mainly  stated  the  legal  position,  making  it
clear that the judicial officers are bound to follow the  Judgments  of  the
High Court and also the binding nature of the Judgments  of  this  Court  in
terms of Article 141 of the Constitution of India.

4.    We do  not  find  any  observation  in  the  impugned  Judgment  which
reflects on the integrity of the appellant.  Therefore, it is not  necessary
to expunge any of the observations in the impugned Judgment.

5.    The learned counsel for the  appellant  submits  that  based  on  this
Judgment,  disciplinary  proceedings  have  been   initiated   against   the
appellant by the High Court.  We make it clear that the  High  Court  is  at
liberty to proceed with  the  disciplinary  proceedings  and  arrive  at  an
independent decision, however, uninfluenced by any of the observations  made
in the Judgment.

6.    Since the disciplinary proceedings  initiated  against  the  appellant
have been pending for long, we request the High Court to finalise  the  same
expeditiously.

7.    In view of the above, the civil appeals are disposed of.
      No costs.
                                                   .......................J.
                                                           [ KURIAN JOSEPH ]


                                                   .......................J.
                                                        [ A. M. KHANWILKAR ]

      New Delhi;
      January 17, 2017.

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