MP High Court Quashes Judge’s Dismissal Over Bail Orders, Criticises Feudalism in Judiciary

Alok Singh

On 14th July 2025, the Madhya Pradesh High Court passed its judgment in Jagat Mohan Chaturvedi v. State of Madhya Pradesh & Others. The Court observed several important realities of the judicial hierarchy between High Courts and subordinate courts.

The Division Bench comprising Justice Atul Sreedharan and Justice Dinesh Kumar Paliwal sharply criticised the feudal and colonial mindset within the judicial hierarchy, especially the subjugation of the District Judiciary by the High Court.

The petitioner, Jagat Mohan Chaturvedi (a former Special Judge, SC/ST MP Judiciary), challenged the dismissal order against him based on the Full Court decision. He was accused of misconduct related to granting anticipatory bail to several accused in VYAPAM-related cases.

Several charges were lodged, with only one charge (Charge 3) alleging corrupt or extraneous considerations, asserting that the Petitioner unduly favoured some of the accused.

Based on the examination of only one witness, with no documentary evidence, no complaints from any party who were denied bail or any challenge by the state of any of the bail orders, a termination order was passed against the petitioner.

The MP High Court found that the disciplinary process treated judicial bail orders as if under appellate review, ignoring the valid discretion exercised under Sections 438 and 439 CrPC.

Further, the Petitioner granted bail in matters triable by Magistrate (Sections 420, 419 IPC, and M.P. Recognised Examinations Act), while denying it in more serious cases with added offences (Sections 467, 468 IPC, etc.). The Court found that, except for a bare allegation in Charge 3, no prima facie material supported misconduct.

The Court criticise the feudal and colonial mindset within the judicial hierarchy. The Court acknowledged that Judges of the lower judiciary live in “perpetual and morbid fear”, deterring them from granting bail or acquitting even in deserving cases.

The Court cited the notable precedents like Krishna Prasad Verma v. State of Bihar (2019)10 SCC 640, where it was held that a wrong order is not misconduct, unless passed for extraneous considerations. Abhay Jain v. High Court of Rajasthan (2022)13 SCC 1, where it was held that errors by probationary judges without a corrupt motive should be corrected under guidance rather than lead to termination. Roop Singh Alawa v. State of M.P. W.P. No.18931/2017, it was held that a decision stemming from judicial confusion is not major misconduct.

The Court set aside the dismissal order and restored the pensionary benefits and back wages, along with 7% interest from the date of dismissal till superannuation. The Court provided ₹5,00,000 compensation imposed as cost on Respondents for the gross injustice and needed to be paid within 90 days.

Case Title: Jagat Mohan Chaturvedi v. The State of Madhya Pradesh and Others

Case Number: Writ Petition No. 15070 of 2016

Bench: Justice Atul Sreedharan and Justice Dinesh Kumar Paliwal

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