For the first time in the history of the state judiciary, two judicial clerks of Borivali and Kurla magistrate courts are facing suspension for demanding money from officers of the high court who posed as litigants and approached them for favours during an anti-corruption check.
The clerks are Sudham Mhaske of the Kurla metropolitan court and Nandkumar Sankhe of the Borivali metropolitan court. The suspension orders were given to them on Tuesday by the chief metropolitan magistrate and a departmental inquiry will soon be conducted against them. If the charges are proved, the officers can be dismissed from service.
Senior officers of the high court had gotten in touch with the two accused earlier in this month. Posing as litigants (those involved in a lawsuit), the officers had asked them for favours like moving the dates of their cases, providing them with original copies of court order, getting their documents processed faster etc., which the judicial clerks can perform at their levels. These duties don't need permissions or a go ahead from the sitting magistrates. The judicial clerks are entrusted with administrative work before and after the passing of orders by the magistrate and other day to day functioning of courts.
The two decoy officers kept in regular touch with the accused, who sought money in return for the favours, and then reported the matter to the high court, which in turn directed the suspension of the clerks. A high court officer, on condition on anonymity, said, "This exercise will continue in other courts across the state."
"This is the first time that the high court has acted proactively. We want to send a message to the judicial staff that corruption and misconduct won't be tolerated. This is the first step to ensure a hassle-free procedure for litigants at the lower judiciary level," said a senior high court official. Normally, the court acts after a litigant lodges a complaint with the registry, and then a Special Investigating Team puts the officer on notice and acts against him/her by issuing a chargesheet.
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