Uttarakhand High Court Overturns Dismissal of Civil Judge in Minor Abuse Allegation
The Uttarakhand High Court has set aside the dismissal order against a civil judge from Haridwar who was accused of abusing a minor domestic help, describing the case as a "carefully crafted edifice without a foundation." In a significant ruling, the court highlighted severe procedural lapses in the inquiry process, asserting that the judge was wrongly held guilty of misconduct based on non-existent charges.
Court Criticizes Inquiry as Procedurally Flawed
A bench comprising Chief Justice G Narendar and Justice Subhash Upadhyay allowed the plea filed by the civil judge, emphasizing that the case lacked substantive evidence. The court stated, "This is not only a case of 'no evidence', but a case of a 'carefully crafted edifice without a foundation'. It could also be termed as 'a mountain made out of a molehill'." The judges pointed out that the inquiry suffered from multiple deficiencies, including the absence of key witness testimonies and improper documentation.
Key procedural lapses identified by the court include:
- The medical certificate for the minor was not properly attested or signed by the examining doctor.
- No case history was recorded, and the original medical certificate was unavailable.
- Failure to examine crucial witnesses such as peons working at the judge's residence or neighbors.
- An unnecessary police presence during the investigation, deemed an act of overreach.
Background of the Case and Court's Directives
The case originated in 2018 from an anonymous email complaint alleging that the judge employed a minor girl as a domestic servant and subjected her to physical abuse. Following a spot visit by the District Judge with a police team, the judge was suspended, and departmental proceedings were initiated. However, the High Court found the charges baseless and set aside all impugned orders, including the penalty of removal from service.
The court issued the following directives:
- The petitioner judge is deemed to have continued in service from the date of dismissal.
- She is entitled to all service benefits, including seniority and consequential seniority placement.
- She will receive 50% of all monetary benefits, including back pay.
Implications and Legal Analysis
This ruling underscores the importance of adhering to procedural fairness in judicial inquiries, especially in sensitive cases involving minors. The court's decision to reinstate the judge with benefits highlights the need for robust evidence and proper witness examination in misconduct proceedings. It also raises questions about the handling of anonymous complaints and the potential for misuse in legal processes.
The case has drawn attention to the broader context of legal accountability and the safeguards required to protect judicial officers from unfounded allegations. As the judge resumes her duties, this verdict may influence future departmental inquiries in Uttarakhand and beyond, emphasizing transparency and due process.
