SURESH KUMAR GARG Vs. SHASHI KALA AERAN

JUDGEMENT

(1.) Before deciding this petition which was filed under Art. 227 of the Constitution of India, following judgment of the Hon'ble Supreme Court deserves a mention:-

(2.) It was further held in Shalini Shyam Shetty's case that in exercise of its power of superintendence, the High Court cannot interfere to correct mere errors of law or fact or just because another view than the one taken by the Tribunals or Courts subordinate to it is a possible view and the jurisdiction has to be very sparingly exercised.

(3.) It was further held in Shalini Shyam Shetty's case that the object of superintendence, both administrative and judicial, is to maintain efficiency, smooth and orderly functioning of the entire machinery of justice in such a way as it does not bring it into any disrepute. The power of interference under this Article is to be kept to be minimum to ensure that the wheel of justice does not come in a halt and the fountain of justice remains pure and unpolluted in order to maintain public confidence in the functioning of the Tribunals and Courts subordinate to the High Court. The power under Art. 227 of the Constitution of India may be unfettered but its exercise is subject to high degree of judicial discipline pointed out above because an improper and a frequent exercise of this power will be counter productive and will divest this extraordinary power of its strength and vitality.