AHMEDABAD: The Gujarat high court has ordered taking a lower court judge back into judicial service eight years after he was sacked on various charges, including inflicting electric shocks on court staff “in order to get sadistic pleasure and to physically harass them on the court premises”.
This case involved civil judge and judicial magistrate first class Kamlesh Alwani, who was inducted into judicial service in 2005.His services were terminated in 2016 after an inquiry and disciplinary proceedings. When he was suspended in 2012, various charges were slapped on him. During the inquiry, the vigilance officer found that the judge had allegedly administered electric shocks to four employees of the court in Savli. The staffers – peons Deva Bhalani, M H Joshi and P C Joshi and watchman Tanvir Meer – claimed that the judge inflicted electric shocks on them using a tubelight starter.
To establish the charge of torture, the statements of the alleged victims were recorded. Alwani was also being probed by the department on 22 other charges, which were not so grave. The inquiry report was submitted to the disciplinary authority in 2014 with the finding that he was guilty of torturing the court staffers. As this conduct was unbecoming of a judicial officer, the high court imposed a major penalty on him and his services were terminated in 2016.
He challenged the decision of the HC’s administrative side through advocate Vaibhav Vyas, who argued that there were many charges that were not substantiated including that of torturing the court staffers. He argued that the inquiry officer relied only on the statements of witnesses and ignored the expert opinion of a deputy engineer of Madhya Gujarat Vij Co Ltd (MGVCL) which said that electric shocks cannot be administered in the way the victims were claiming. The lawyer submitted that the inquiry officer overlooked the expert opinion and wrongly held the judge guilty of such a serious charge.
On behalf of the high court’s administration, it was argued that the findings of the inquiry report was accepted by the committee of the high court and the committee arrived at the conclusion that the judge had committed an act “which was unbecoming of a judicial officer and therefore recommended the punishment of dismissal from service under Rule 6(8) of the Gujarat Civil Service (Discipline and Appeal) Rules, 1971.” The HC’s lawyer justified the inquiry officer’s conclusion that the act of a judicial officer having behaved like an uncivilized man amounts to misconduct.
After hearing the case, the bench of Justice Biren Vaishnav and Justice Nisha Thakore found the inquiry officer’s conclusion faulty on the allegations of torture and quashed the charge. The bench found the sacking of the judge improper and ordered his reinstatement. The court also ordered imposition of punishment other than termination for the four other charges proved against him.
This case involved civil judge and judicial magistrate first class Kamlesh Alwani, who was inducted into judicial service in 2005.His services were terminated in 2016 after an inquiry and disciplinary proceedings. When he was suspended in 2012, various charges were slapped on him. During the inquiry, the vigilance officer found that the judge had allegedly administered electric shocks to four employees of the court in Savli. The staffers – peons Deva Bhalani, M H Joshi and P C Joshi and watchman Tanvir Meer – claimed that the judge inflicted electric shocks on them using a tubelight starter.
To establish the charge of torture, the statements of the alleged victims were recorded. Alwani was also being probed by the department on 22 other charges, which were not so grave. The inquiry report was submitted to the disciplinary authority in 2014 with the finding that he was guilty of torturing the court staffers. As this conduct was unbecoming of a judicial officer, the high court imposed a major penalty on him and his services were terminated in 2016.
He challenged the decision of the HC’s administrative side through advocate Vaibhav Vyas, who argued that there were many charges that were not substantiated including that of torturing the court staffers. He argued that the inquiry officer relied only on the statements of witnesses and ignored the expert opinion of a deputy engineer of Madhya Gujarat Vij Co Ltd (MGVCL) which said that electric shocks cannot be administered in the way the victims were claiming. The lawyer submitted that the inquiry officer overlooked the expert opinion and wrongly held the judge guilty of such a serious charge.
On behalf of the high court’s administration, it was argued that the findings of the inquiry report was accepted by the committee of the high court and the committee arrived at the conclusion that the judge had committed an act “which was unbecoming of a judicial officer and therefore recommended the punishment of dismissal from service under Rule 6(8) of the Gujarat Civil Service (Discipline and Appeal) Rules, 1971.” The HC’s lawyer justified the inquiry officer’s conclusion that the act of a judicial officer having behaved like an uncivilized man amounts to misconduct.
After hearing the case, the bench of Justice Biren Vaishnav and Justice Nisha Thakore found the inquiry officer’s conclusion faulty on the allegations of torture and quashed the charge. The bench found the sacking of the judge improper and ordered his reinstatement. The court also ordered imposition of punishment other than termination for the four other charges proved against him.