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More recently, in the case of Inder Mani vs. Matheshwari Prasad, (1996) 6 SCC 587, a Division Bench of this Court has opined :
" It is the prerogative of the Chief Justice to constitute benches of his High Court and to allocate work to such benches. Judicial discipline requires that the puisne Judges of the High Court comply with directions given in this regard by their Chief Justice. In fact it is their duty to do so.
Individual puisne Judges cannot pick and choose the matters they will hear or decide nor can they decide whether to sit singly or in a Division Bench. When the Chief Justice had constituted a Division Bench of Justice V. N. Khare and the learned Judge, it was incumbent upon the learned Judge to sit in a Division Bench with Justice V. N. Khare and dispose of the work assigned to this Division Bench. It was most improper on his part to disregard the administrative directions given by the chief Justice of the High Court and to sit singly to take up matters that he thought he should take up. even if he was originally shown as sitting singly on 22.12.1995, when the Bench was reconstituted and he was so informed, he was required to sit in a Division Bench on that day and was bound to carry out this direction. If there was any difficulty, it was his duty to go to the Chief Justice and explain the situation so that the Chief Justice could then give appropriate directions in that connection. But he could not have, on his own, disregarded the directions given by the Chief Justice and chosen to sit singly. We deprecate this behavior which totally undermines judicial discipline and proper functioning of High court."

The insinuations made by Shethna, J against the Chief Justice of the High court for transferring the Writ petition tot he Division Bench are not only uncalled for, unwarranted and unjustified but are also subversive of proper judicial discipline. to insinuate, as the learned Judge does, that the writ petition was got 'disposed of' in 'suspicious' circumstances is wholly wrong and devoid of sobriety expected of a judicial officer. The insinuation also amounts to contempt of the Division Bench as it implies that the Judges of the Division Bench were so "amenable". The insinuations are aimed at bringing the administration of justice into disrepute and tend to shake public confidence in the impartiality of the judiciary. The observations, insinuations and aspersions lack courtesy and good faith. Judicial restraint has been thrown to the winds. It is unbecoming of a Judge of the High court to travel out of the confines of the issue before him ( in this case the criminal revision petition) and to fish out material to unjustifiably malign someone more particularly when that someone happens to be the one who is the head of the judicial family in that High court. We most strongly deprecate this practice. In the case of Braj Kishore Thakur vs. Union of India, (1997) 4 SCC 65, while expunging some adverse remarks made by the High Court against a Judge of the subordinate court, this Court said:

We entirely agree with the learned Solicitor General that the issuance of the notice to the Chief Justice to show cause why proceedings under the Contempt of court Act be not initiated against him for transferring the part-heard writ petition No. 2949/96 to the Division Bench for hearing, is not only subversive of judicial discipline and illegal but is also without jurisdiction. No such notice could be issued to the Chief Justice since the order referring the case to the Division bench was an order legally made by the Chief Justice in exercise of his statutory powers. Such an order can never invite initiation on contempt proceedings against him. The issuance of notice smacks of judicial authoritarianism and is not permissible in law.

It must be remembered that it is the duty of every member of the legal fraternity to ensure that the image of the judiciary is not tarnished and its respectability eroded. The manner in which proceedings were taken by the learned Judge in relation to the writ petition disposed of by a Division bench exposes a total lack of respect for judicial discipline. Judicial authoritarianism is what the proceedings in the instant case smack of. It cannot be permitted under any guise. Judges must be circumspect and self disciplined in the discharge of their judicial functions. The virtue of humility in the Judges and a constant awareness that investment of power in them is meant for use in public interest and to uphold the majesty of rule of law, would to a large extent ensure self restraint in discharge of all judicial functions and preserve the independence of judiciary. It needs no emphasis to say that all actions of a Judge must be judicious in character. Erosion of credibility of the judiciary, in the public mind, for whatever reasons, is greatest threat to t he independence of the judiciary. Eternal vigilance by the Judges to guard against any such latent internal danger is, therefore, necessary, lest we "suffer form self inflicted mortal wounds". We must remember that the constitution does not give unlimited powers to any one including the Judge of all levels. The societal perception of Judges as being detaced and impartial referees is the greatest strength of the judiciary and every member of the judiciary must ensure that this perception does not receive a set back consciously or unconsciously. Authenticity of the judicial process rests on public confidence and public confidence rests on legitimacy are in the impersonal application by the Judge of recognised objective principles which owe their existence to a system as distinguished from subjective moods, predilections, emotions and prejudices. It is most unfortunate unfortunate that the order under appeal founders on this touchstone and is wholly unsustainable.