After completing my tenure as top cop, I was privileged to get an opportunity to work as Member Administrative in Maharashtra Administrative Tribunal for a period of three and half years. The tribunal deals with all service grievances of those who aspire to join the State service or those who are in employment of the State. The most important job of the judge is to write judgment on prayers made before the tribunal. Similarly in Administration, officers at various levels are called upon to work in semi judicial capacity and have to write judgments. Hence, I feel it is worth to write about the expectations from a judge as these qualities can be emulated by many.
While writing a judgement, it should be remembered that the judgement can always be challenged before higher forum by either party and hence would be scrutinised with a fine comb. The judge himself cannot review his judgment once it is delivered. However, if there is any legal or factual error, the same can be reviewed at the request of the applicant or respondent or even ‘on his own’ by the judge himself, within a period of thirty days. It is not necessary that both the parties have to agree with the findings of the judge. In fact, one of the parties would invariably be unhappy with the findings, and would like to challenge it before the High Court before accepting the same.
According to a judgment by the Supreme Court, the purpose of writing the judgment is to explain to the general public, how the judicial mind has considered the prayer on any issue so that they can expect the same at other times. It is expected to be in simple words clearly conveying what the judge has said. There should be no occasion to come to the court to seek clarification on what is stated in the judgement. Though there is a provision to approach the judge to make any corrections or clarifications and the same is known as “speaking to minutes’”. If it is typographical or factual error, the same is corrected by accepting the request made under the ‘speaking to the minutes’.
As far as the format and content of writing the judgment is concerned, following tips are important. On occasions, the Supreme Court has remanded the judgement given by the High Court for not mentioning brief facts of the matter. Similarly, if the other side is not heard, the High Court has remanded the judgments with directions to hear it afresh. If the jurisdiction of the court has been exceeded, then the High Court as well as Supreme Court has set aside the judgement. When the Rules are clear, the Supreme Court has observed that the High Court cannot go beyond the same by taking position which is not part of the Rules.
At the time of hearing, according to some, the judge should ask clarifications to the advocates to clear his doubts. On the other hand, there are a few who feel, the judge should not ask any questions but only write his judgement. In such case, the doubts in the mind of the judge remain unanswered and there would be no occasion to clear these. According to some, the judge should not disclose his mind while hearing as it sends wrong message. A few others prefer to have written notes in the judge’s notebook while hearing as it assists them in writing the judgments. Some make mental note of the arguments.
While writing the judgment; the very first sentence should precisely mention the subject of grievance about which the prayer is made. Thereafter, the details of the applicant are stated. Brief admitted facts as available may follow thereafter. Then the prayers made by the applicant should be stated in the same words as in the application. This should be followed by narration of chronological events as may be provided in synopsis. Thereafter, grounds, as mentioned in the application to support, are mentioned in a summary. These may be factual or legal. Thereafter, if the advocate has furnished any case laws, the same is stated. While including these, it should be in the format of a particular point, and then the citation, and relevant paragraphs in which the ratio is laid down. The citation may be from reported or unreported source. If it is reported, then it should be from a standard publication such as Supreme Court Cases (SCC), with details including year of publication, volume no., case no, page no and paragraph no. Care should be taken to ensure no point of arguments is left out as the advocate would otherwise take objection, later on.
Submissions made out by the respondents either by way of affidavit or orally during hearing should be noted meticulously. How a particular point by the applicant is meted out, may be mentioned in exact quotes. Additional facts, which have not come out may be summarised as per their relevance. Constitutional provisions, laws, notifications, rules, resolutions and circulars may be considered in this order. Citations furnished if any in support of the respondents may be taken note of.
Then the judge should proceed to formulate the issue or issues for consideration. If he can mention, the brief reply to these issues may be mentioned there itself in one or two words. Thereafter, important area is ‘observations, findings and reasons’. This is the crux of the judgment. It should be as elaborate as it is possible. In this section details of evidence furnished should be discussed, relevance of various provisions may be analysed, the significance or irrelevance of various judgements may be discussed. Judgements of Tribunal, High Court and Supreme Court, if any should be cited in support of the findings to explain, why a particular conclusion is reached in a particular way. The conclusion should be whether the prayers are allowed, partly allowed or not allowed. The final part should be the order where, the effect of the order be given in how many days should be stated. If the effect is to be given after few days, the same may be mentioned so that the parties may challenge the decision during that period before the High Court. The order should end by clarifying about the costs. Whether the cost is levied or otherwise needs to be mentioned clearly.
The judgment should be delivered expeditiously once the hearing is closed. The order should be pronounced in open court by giving sufficient notice to both the parties and in the presence of both the parties. The judgment should be made available on website immediately and a certified copy be furnished to those who are interested, so that they can challenge the same before the High Court.
The judge should be impartial, and adhere to the Constitutional provisions, laws and rules. Irrespective of his personal convictions, he should give judgment as per the judicial discipline. The judgement should be given absolutely without any fear. I would like to note these are my personal views after participating in the process.
