Gujarat High Court: No Action Against Judge For Merely Passing A Wrong Order

Manisha Yadav 

On 9 July, 2025 the Gujarat High Court overturned the dismissal of judicial officer MJ Indrekar, who faced serious allegations of corruption and derelication of duty. finding the disciplinary proceedings against him to be unfair & unjust. The court directed his reinstatement as Additional Senior Civil Judge and JMFC. Indrekar had challenged a 2011 dismissal notification linked to allegations of corruption and misconduct related to his actions in a civil suit from 2007.

Key accusations included granting an Ex-Parte injunction favouring plaintiffs while a theft complaint was pending and ignoring a third-party application to join the case. An inquiry found some charges against him proved, but others were not. The inquiry officer deemed the judge’s rejection of the third party’s application reasonable and questioned the complaint’s authenticity after the complainant denied signing it.

In Court, Indrekar’s counsel argued the inquiry was flawed and based on vague allegations, asserting that the injunction was lawful since the tankers were not in police custody. Conversely, the respondents maintained that the judicial officer committed serious misconduct.

The High Court of Gujarat determined that the disciplinary action was unjustified, stating that the allegations were vague and the complaint was unsubstantiated. The court concluded that judicial officers should not be punished for legally flawed decisions unless there is evidence of corruption or external influence. It emphasized that there was no proof of wrongdoing in Indrekar’s orders.

Case Name: MJ Indrekar v. State of Gujarat- through Secretary & Anr.

Case Number: 8467 of 2011

Bench: Justice A.S Supehia &  Justice R.T Vachhani 

Click here to access the order

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