The Supreme Court of India has stepped in to correct what it called a grave injustice to a senior judicial officer, restoring his service and directing full back wages after his removal was found to be based solely on judicial bail orders.
In a detailed judgment delivered on January 5, 2026, the top court held that a judge cannot be punished merely because some of his bail orders did not expressly mention a statutory provision, especially when there was no proof of corruption or extraneous influence.
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Background of the Case
The case involved Nirbhay Singh Suliya, a judicial officer from Madhya Pradesh who had put in nearly 27 years of unblemished service. He joined the judicial service in 1987 and rose to the post of Additional District and Sessions Judge.
Trouble began after a complaint was sent to the Madhya Pradesh High Court alleging that bail was being granted in liquor seizure cases under the Excise Act. The complaint broadly alleged corruption but did not mention specific bail orders or details.
Following a preliminary inquiry, departmental proceedings were initiated. The core allegation was that Justice Suliya had granted bail in four Excise Act cases without referring to Section 59-A, which lays down stricter conditions for bail when large quantities of liquor are involved.
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The inquiry compared four bail orders where bail was granted with fourteen other cases where bail was rejected. The inquiry officer concluded that the judge had applied “double standards” and inferred misconduct.
Notably:
- The complainant was never examined as a witness.
- The judge’s stenographer, against whom most allegations were made, was also not examined.
- A prosecution witness and the public prosecutor did not support the charge of corruption.
Despite this, the state government removed Justice Suliya from service in 2014. His appeal failed, and in 2024, the High Court dismissed his writ petition challenging the removal.
What the Supreme Court Observed
Setting aside all earlier orders, the Supreme Court made strong observations on judicial independence.
“The sole basis for removal was the grant of bail in certain cases. There is absolutely no material to suggest corrupt motive or extraneous consideration,” the bench observed.
The court emphasised that:
- A wrong or debatable judicial order is not misconduct
- Omission to cite a statutory provision does not make a judicial order dishonest
- Disciplinary authorities cannot act as appellate courts over judicial reasoning
The bench warned that punishing judges for judicial discretion would create fear and discourage independent decision-making.
“It would be a dangerous proposition to hold that judgments not expressly referring to statutory provisions are per se dishonest,” the court noted.
The Supreme Court examined the actual bail orders and found that:
- Reasons were clearly recorded, including filing of chargesheets and lack of flight risk
- Bail was granted on settled legal principles
- The prosecution never challenged these bail orders in higher courts
The court held that merely because Section 59-A was not specifically cited, misconduct could not be inferred.
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Final Decision of the Court
Allowing the appeal, the Supreme Court:
- Quashed the removal order
- Set aside the High Court’s judgment and the appellate rejection
- Directed that Justice Suliya be treated as having continued in service till superannuation
- Ordered full back wages with all consequential benefits
- Directed payment within eight weeks, with 6% interest
The court also directed that a copy of the judgment be circulated to all High Courts across the country.
Case Title: Nirbhay Singh Suliya vs State of Madhya Pradesh & Anr.
Case No.: Civil Appeal No. 40 of 2026
Case Type: Service Matter / Disciplinary Proceedings
Decision Date: 5 January 2026
