HC terminates judge for ‘misconduct’
‘Judicial Officers Have Divine Job To Discharge’
Srinagar, May 29: The High Court of Jammu and Kashmir has upheld the termination order of a judge who was dismissed from service on charges of misconduct, breach of judicial discipline, misuse of authority and dereliction of duty.
Justice Yaqboob Mir upheld the termination of sub-judge Vijay Kumar Attari, observing that “the judicial officers have a divine job to discharge. When a deviation is noticed to be dangerous, removal of deviator becomes imperative to maintain the magnificence of the institution, lest tremendous faith reposed by the public in it will get eroded.”
Significantly, the High Court was the petitioner in the case wherein 11 allegations had been leveled against Vijay Kumar, with three proving correct.
As sub-judge in Leh in 1993-1994, Vijay Kumar was accused of recovering a challan of Rs 2500 from a minibus driver but mentioning only Rs 1200 in the register.
He was accused of imposing fine of Rs 350 on a shopkeeper for driving his scooter without registration. And next day “he along with his guard visited his shop, seized his scooter for non-payment of the fine. He brought the shopkeeper and his scooter to the nearest police station and then handed them over to the Police with an instruction to keep the shopkeeper in the lock up till he comes back or calls them up.”
He was accused of availing leave for 15 days but didn’t turn back for months together without informing the competent authority.
In 1994 the High Court ordered an inquiry into the allegations and found them correct. He was immediately placed under suspension.
Attri was issued a show-cause notice wherein he came up with detailed statement in his defense.
The Full Court considered the inquiry report and observed that Attri is not a fit person to be retained in service and should be terminated. The Court removed him from service on August 29, 2000.
Attri filed writ petition in the High Court against the order. In August 2009, the single bench quashed the order and directed that the judge be reinstated.
The High Court filed appeal against the judgment before the Division Bench, which differed on his termination.
In 2009, the then Chief Justice Brain Ghosh justified the removal of sub-judge saying, “I do not think the writ court was competent to interfere with the order of punishment on non-interferable charges number 8 and 11 (punishing the shopkeeper and leave without permission) which stand proved against respondent (Attri).”
The then Chief Justice allowed the appeal and set aside the judgment under appeal.
However, Justice Sunil Hali called for fresh inquiry into the charges. He observed that the report was not furnished to the respondent. He, however, said the respondent should be reinstated only for the purpose of inquiry and his status as suspended employee should continue till the inquiry is completed.
Following the difference of opinion, the case was referred to the third judge. The third judge justice Muhammad Yaqoob Mir in his detailed judgment on May 24, 2011 observed: “Referring of the matter back to the disciplinary authority is totally uncalled for because no prejudice at all is caused to the respondent.”
He said the inquiry report and its acceptance by the Court have been served to the “delinquent official.”
“There was no deprivation of proper representation. The requirement of serving second show cause notice and furnishing report of inquiry officer has been compiled with.”
Justice Yaqoob upheld the termination order.
Lastupdate on : Sun, 29 May 2011 21:30:00 Makkah time
Lastupdate on : Sun, 29 May 2011 18:30:00 GMT
Lastupdate on : Mon, 30 May 2011 00:00:00 IST
- MORE FROM FRONTPAGE
- 'Infiltration won’t affect tourist inflow'
- NAVLAKHA DEPORTED
- Eventualities expose Govt’s ‘Disastrous’ Management
- UGC sanctions ` 85 cr for KU campuses
- HC terminates judge for ‘misconduct’
- Rajasthan embraces Dal model for conservation of lakes
- Kashmir sans Press Club
- Indo-Pak defence secretaries meet today
Srinagar, May 29: The body of Shakir Bhat, 15, who drowned in river Jehlum 10-days ago, was fished out on Sunday. It was a driver and a conductor of a mini bus who fished the body near the bridge More
- Srinagar City
6 YEARS ON SMC PLAYING JASPAL BHATTI, ASKING MECHANICAL ENGINEERS TO DO ELECTRICAL WORK
Srinagar, May 29: Believe it or not, the Srinagar Municipal Corporation has been looking after the City streetlights for the past nearly a decade but without any expertise. Reasons: the civic body has More
GK NEWS NETWORK
Doda, May 29: In yet another incident of alleged police harassment, a young female student committed suicide by jumping into Chenab in Pul Doda area on Sunday. The deceased was a B.Ed student of More
Jammu, May 29: A Parliamentary panel today held a meeting with top state government officers here to review the progress of various centrally-sponsored schemes in Jammu and Kashmir. Soon after its More
KCCI registers protest with Jairam Ramesh
GK NEWS NETWORK
Srinagar, May 29: President Kashmir Chamber of Commerce and Industry (KCCI), Nazir Ahmad Dar has alleged that Pashmina exporters from Kashmir were being harassed by Wildlife Authorities at Delhi airport More
Islamabad, May 29: Pakistan’s nuclear scientist A Q Khan has said the Taliban and external forces cannot seize Pakistan's nuclear weapons as they are "highly secured" and only a handful of people know More