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2020 (3) TMI 1360 - SC - Indian LawsSeeking judicial review of dismissal from the Uttar Pradesh Higher Judicial Services by Respondent - illegal gratification - HELD THAT:- Any 'probability' of misconduct needs to be supported with oral or documentary material, even though the standard of proof would obviously not be at par with that in a criminal trial. While applying these yardsticks, the High Court is expected to consider the existence of differing standards and approaches amongst different judges. There are innumerable instances of judicial officers who are liberal in granting bail, awarding compensation under MACT or for acquired land, backwages to workmen or mandatory compensation in other cases of tortious liabilities. Such relief-oriented judicial approaches cannot by themselves be grounds to cast aspersions on the honesty and integrity of an officer. It is evident in the case in hand that the High Court itself was cognizant of this settled proposition of law. Learned senior Counsel for the Appellant also finds no fault with these principles, and instead only seeks for their application to the facts of the present case. It is a matter of record that at the time when the High Court was seized of this matter, writ petitions against both of the Appellant's land acquisition judgments had been dismissed by its coordinate benches. The High Court has, nevertheless, rightly observed that dismissal of writ petitions against the Appellant's orders did not serve as vindication or confirmation of her orders. Indeed, as correctly noted by the High Court, the scope of judicial review Under Article 226 is limited - the dismissal of writ petition merely signifies the failure to demonstrate any of these high standards, in a particular case, and not the endorsement of the orders passed by a subordinate authority. There is no explicit mention of any extraneous consideration being actually received or of unbecoming conduct on the part of the Appellant. Instead, the very basis of the finding of 'misbehaviour' is the end result itself, which as per the High Court was so shocking that it gave rise to a natural suspicion as to the integrity and honesty of the Appellant - petition allowed.
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