The Supreme Court on Monday quashed the dismissal of a judicial officer who was accused of employing and torturing a minor girl, ruling that the disciplinary proceedings against her were initiated without proper authority.
Background of the Case
In 2018, a high-profile rescue operation was conducted in Haridwar, where a district judge, accompanied by police and child welfare committee members, rescued a minor girl who was allegedly employed and tortured by judicial officer Deepali Sharma. The incident led to an inquiry by the Uttarakhand High Court, resulting in Sharma's dismissal from service.
Supreme Court's Observations
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi found that the raid was ordered by the High Court's registrar general based on an anonymous complaint. Furthermore, the inquiry proceedings against the 2008-batch judicial officer were initiated by the registrar general without any directive from either the Chief Justice or the committee of judges delegated with disciplinary powers.
The bench upheld the High Court's judicial order that quashed the inquiry proceedings and the major penalty imposed on Deepali Sharma. It directed her reinstatement, clarifying that it has not examined the merits of the allegations against her.
Legal Implications
The Supreme Court's decision underscores the importance of following proper procedures in disciplinary matters involving judicial officers. The court emphasized that actions taken without proper authorization cannot be sustained, even if the underlying allegations are serious.
The case highlights the need for transparency and adherence to legal protocols in handling complaints against members of the judiciary.
