Karnataka High Court Upholds Penalty Of Compulsory Retirement Imposed On Civil Judge Accused Of Threatening Police

The Karnataka High Court upheld an order which refused to interfere with the penalty of compulsory retirement imposed on a Civil Judge (Sr.Dvn), accused of threatening the police and interfering in police investigations, observing that that there was no infirmity in procedure. The decision came in an appeal filed by a civil judge against an order passed by high court's single judge bench. The appellant had earlier filed the writ petition before the single judge challenging an October 1, 2012 decision imposing penalty of compulsory retirement, after the enquiry officer found that the appellant had threatened a Police Inspector. Dismissing the appeal a division bench of Chief Justice Vibhu Bakhru and Justice C M Joshi in its order rejected the appellant's contention that the single judge had not examined the appellant's explanation and should have accepted the same. "We find no infirmity with either the procedure adopted nor find that the punishment imposed is highly disproportionate. It is well-settled that the punition imposed pursuant to domestic enquiry, cannot be interfered with, unless it is established that, i) the enquiry or the punishment imposed is contrary to law; ii) that the procedure adopted is not in conformity with the principles of natural justice or any other law; iii) that the penalties or disciplinary proceedings are vitiated by mala fides or extraneous considerations; iv) that the finding of misconduct is perverse and unreasonable; or v) that the punishment imposed is excessively disproportionate. In the given facts, we are unable to accept that any of the aforesaid grounds are established, warranting any interference by this Court”.The appellant had joined the judicial service as a Civil Judge (Jr.Dvn.), in February 1995 and was promoted as a Civil Judge (Sr.Dvn.) in the year 2005. While he was functioning as a Civil Judge (Sr.Dvn.), XIII Additional Chief Metropolitan Magistrate Bengaluru City, a complaint was received from one Dr. B. Indumathi alleging that the appellant was interfering in investigations being conducted by the police in respect of a complaint lodged by her against Smt. AnasuyaIt was alleged that the appellant had, inter alia, threatened the police officials of dire consequences if they called the other woman to the police station. An enquiry was instituted. Articles of Charges dated 27.04.2011 were issued to the appellant and the Registrar (Vigilance), was appointed as the Enquiring Authority. During the course of the enquiry proceedings, the Enquiry Officer examined the complainant as well as the concerned Police Inspector. The appellant also examined himself. The Enquiry Officer found that the appellant had threatened the Police Inspector and the charges levelled against the appellant stood established. Thereafter, in exercise of powers conferred under Rule 8(vi) of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 [the CCA Rules], the appellant was inflicted with the penalty of compulsory retirement. The appellant contended that he called the concerned police station and had told the concerned police officials not to harass his sister Smt. Anasuya. His contention was not accepted by the authority on the ground that the evidence produced established that the appellant had threatened the police officials with regard to the investigation into the complaint. It was also proved that the appellant had abused the concerned police officials over phone and had threatened them over a phone call that lasted for about 10 to 15 minutes on 20.08.2007.The appeal was dismissed.Case Title: K M Gangadhar AND State Of Karnataka & ANRAppearance: Advocate Rajashekar S for Appellant.AGA K.S Harish FOR R-1. Advocate Suhas G for R2. Citation No: 2025 LiveLaw (Kar) 283Case No: WRIT APPEAL NO. 600 OF 2025Click Here To Read/Download Order

Karnataka High Court Upholds Penalty Of Compulsory Retirement Imposed On Civil Judge Accused Of Threatening Police

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