Judicial officer moves SC against High Courts disciplinary action

KOCHI: A judicial officer in Kerala has approached the Supreme Court challenging the disciplinary action initiated against her by the Kerala High Court for stopping the proceedings in 1,910 cases. The petitioner, Sony A S, who served as the Judicial First Class Magistrate III in Kollam from August 1, 2016 to December 31, 2016 had allegedly disposed of 1,910 cases indiscriminately, without recording any reason. A Division Bench of the Supreme Court consisting Justice Vikram Nath and Sandeep Mehta has sought a response from the state government on her plea challenging the two orders issued by Kerala High Court upholding the disciplinary penalty and rejecting her request to restore her seniority. Sony A S, while serving as the JFCM in Kollam had invoked her powers under Section 258 of the Code of Criminal Procedure to stop the proceedings in the cases involving minor offences like rash driving. The petitioner argued that the orders were passed in good faith to reduce the backlog in accordance with administrative directions encouraging magistrates to prioritise contested trials. She said the Registrar of Kerala High Court had issued appreciation letters for reducing backlog. However, in September 2018, she was served a charge memo alleging deliberate disobedience of an office memorandum. The disciplinary proceedings culminated in withholding two increments with cumulative effect in April 2022. Sony said her probation was already delayed by several years and the penalty further affected her seniority and promotion prospects. She argued that the action was contrary to the Judges (Protection) Act, 1985 and the Kerala Judicial Officers Protection Act 1963, which safeguard the judges from disciplinary or civil action for acts done in good faith while discharging judicial functions.