Gujarat high court reinstates SJ Pathak, dismissed in 1999 on the basis of an anonymous complaint.
“Judges are, at times, poor judges of Judges, especially in judicial administration, [as] this case reveals,” stated a bench of the Gujarat high court on Friday while reinstating in service the dismissed additional sessions judge, SJ Pathak. Pathak was suspended on corruption charges 10 years back and later dismissed after an enquiry.
The order passed by the bench, comprising chief justice KS Radhakrishnan and Justice Anant Dave, also clears the way for an enquiry against judges of the subordinate courts.
In a rare instance, the bench also ordered its own high court registry to pay Rs15,000 as compensation for legal expenses to Pathak, who was dismissed by the Gujarat high court in 2006. Quashing the order of the then high court Disciplinary Committee headed by justice BJ Shethna, the high court bench on Friday directed that Pathak be reinstated with all service benefits.
However, the reinstated judge will receive only 50% of the salary and other benefits, as he was not functioning as a judicial officer for the last 10 years.
“Judicial pronouncement in the absence of clear-cut evidence of favouritism, lack of integrity, corrupt practices, extraneous consideration, etc., cannot be the foundation of disciplinary proceedings; otherwise, it will affect judicial freedom and independence,” the bench said.
The justices questioned the enquiry that was conducted against the judge in response to an anonymous complaint, and the motive behind the enquiry. The bench further said that judicial officers have to be protected to uphold the rule of law and the independence of the judiciary.
“If the high court entertains anonymous complaints which are frivolous or motivated and have originated from unscrupulous lawyers and litigants, no judicial officer can be secure,” the judges stated. The bench said that, in such a situation, no judicial officer will be able to discharge his duties without fear or favour. “Judicial officers, especially those dealing with bail matters, cannot dance to the tune or dictates of lawyers but have to act in accordance with the settled principles of law,” the judges observed.
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