State vs Naresh Prasad Agarwal 2024 INSC 120 – Judge Retaining Case File After Demitting Office – Impropriety

Practice and Procedure – On 17th April, 2017, the Single Judge Of High Court pronounced only one line order declaring the operative part. The Judge demitted office on 26th May, 2017 and a detailed judgment was made available only on 23rd October, 2017, nearly 5 months after the Judge demitted the office- SC observed: even after the Judge demitted the office, he assigned reasons and made the judgment ready – Retaining file of a case for a period of 5 months after demitting the office is an act of gross impropriety on the part of the Judge– “justice must not only be done, but must also be seen to be done” -Cases remitted to the High Court for a fresh decision.

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