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Prabha Sharma Vs. Sunil Goyal & Ors.

[Civil Appeal Nos. 632-633o 2017 @ Special Leave Petition (C) Nos. 25552-25553 of 2011]

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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