Chhattisgarh HC Affirms Single-Judge's Order Upholding Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges

A Division bench of the Chhattisgarh High Court recently confirmed the 2020 order of the Single Judge upholding the dismissal of a judicial officer who had filed criminal cases against the former Chief Justice and Judge of the High Court. A bench comprising Chief Justice Ramesh Sinha and Justice Parth Prateem Sahu observed that the single Judge's order was based on applying a judicious mind, considering the law applicable to the facts of the case and relying upon the precedents on the subject. In its 74-page Judgment, the Court held that where it is reasonably impractical to have the departmental inquiry, the employer is empowered to dismiss or remove a person under clause (2)(b) of Article 311 of the Constitution of India. For context, Clause (2)(b) of Article 311 of the Constitution of India reads thus: “Where the authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such enquiry” In its judgment in the appeal, the Division bench noted that there were sufficient germane reasons available on records, which led to the Full Court recommending the dismissal of the appellant invoking under Article 311(2)(b) of the Constitution of India, dispensing with the departmental enquiry. The Court observed that the appellant, a judicial officer, frequently made adverse comments about colleagues and superiors, issued unauthorized representations to the Chief Justice of India, and lodged a criminal complaint against numerous senior officials, including judges and police officers and despite previous penalties, including a stoppage of increment, his conduct had led the High Court to recommend his dismissal under Article 311(2)(b) of the Constitution, indicating his unfitness for the role. The background of the case Prabhakar Gwal, who was a judicial officer in Chhattisgarh, was dismissed from service after the Full Court recommended his dismissal without inquiry after it found that he, through his wife, filed a criminal case against many persons, including the then Chief Justice and a senior judge of the High Court. Gwal then challenged this dismissal order before the High Court. In its August 2020 order, the Single Judge, while dismissing his writ petition, observed that Article 311(2) was attracted in this case as Gwal had acted deliberately, knowing fully the repercussions of his act. The Single Judge had also said there were reasons germane available in the records, which led to the Full Court recommending the dismissal of the petitioner invoking Article 311(2). Challenging the single Judge's order, Gwal moved an appeal before the Division bench, in which his counsel argued that the Single Judge passed the impugned judgment by misinterpreting Article 311 of the Constitution of India and against the settled principles of law. It was also alleged that the Single Judge passed the impugned order with a view to please the present 12th senior most Judge of the Supreme Court, against whom a complaint case was filed by the wife of the appellant/petitioner, and to display his over-allegiance to that Justice and with an intent to secure promotion through him. It was also contended that the Single Judge had acted improperly by participating in the Full Court Meeting that recommended the appellant's dismissal and then presiding over the case as a judge in his writ petition challenging his termination. Lastly, it was submitted that the Single judge's actions, including failing to question the lack of a departmental inquiry and withholding documents, suggested a bias and a failure to act impartially.High Court's observations Having considered the arguments of his counsel, the Court, at the outset, observed that it was not one act on the part of the petitioner which had forced the Full Court of the High Court to recommend the dismissal of the petitioner invoking Article 311(2). Instead, the Court further noted that it was a case where there are a series of correspondences repeatedly casting serious insinuations, making unscrupulous allegations and obnoxious comments, all of which are false, scurrilous and malicious against the Chief Justice of the High Court, as also the senior Judges of the High Court, so also against the senior Judicial Officers in the Higher Judicial Service, as also against the colleagues in the Lower Judicial Service. Thus, the Court opined that there were sufficient germane reasons available on records, which led to the Full Court recommending the dismissal of the appellant invoking under Article 311(2)(b) of the Constitution of India, dispensing with the departmental enquiry. The Court further noted that an inquiry is conducted to address allegations or charges of misconduct against a delinquent officer, allowing the officer to defend themselves and...

Chhattisgarh HC Affirms Single-Judge's Order Upholding Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges

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Chhattisgarh HC Affirms Single-Judge's Order Upholding Dismissal Of Judicial Officer Who Lodged Criminal Case Against HC Judges

Sparsh Upadhyay

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