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News Current News Chief Justice fines Gujarat High Court for suspension of judge |
Chief Justice fines Gujarat High Court for suspension of judge
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| 2009-11-07 12:02:54 | |||
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Gujarat Global News Network, Ahmedabad In a rare case a high court bench not only reinstated a dismissed judge but imposed a penalty of Rs.15,000 on itself to be paid as compensation for legal expenses to the judge. Chief Justice K S Radhakrishnan and Justice Anant Dave ordered that the suspended judge S J Pathak be taken into service immediately. The bench observed “Judges are, at times, poor judges of Judges especially in judicial administration as this case reveals”.
Pathak was suspended on corruption charges 10 years back and was later dismissed after an inquiry. He faced two departmental inquiries. A disciplinary committee of Justice B J Shethna and Justice D K Trivedi held that the charges were tentatively proved against the judge.
The report was placed before another disciplinary committee which cleared Justice Pathak of all the charges. Due to these conflicting reports the case was put up before the high court for perusal of all judges. There was no consensus and the matter was referred back to Justice Shethna.
Justice Pathak filed a petition against his dismissal and had expressed apprehension that Justice Shethna was biased. The bench of Justice Radhakrishnan and Justice Dave were critical of sending the case back to Justice Shethna who had “pre judged” the case. Inquiry against Pathak was initiated on the basis of an anonymous call.
The bench further observed that “if the high court entertained anonymous complaints which were frivolous or motivated and had originated from unscrupulous lawyers and litigants no judicial officer would be secure. Judicial officers specially those dealing with bail matters cannot dance to the tune or dictates of lawyer but have to act in accordance with the settled principles of law”.
The bench ordered that Pathak be reinstated with all service benefits. However he will receive only 50% of the salary and other benefits as he was not functioning as a judicial officer for the last 10 years.
For news in Hindi see our Hindi daily Chaupal Chronicle
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Gujaratglobal.com website is managed by a team of professional Journalists. It is headed by Mr. Yogesh Sharma, Having 25 years of experience in journalism in Gujarat. He also runs a Hindi daily Chaupal Chronicle. Gujarat Global is the site dedicated to Gujarat and interests of people of Gujarat.It gives news about Gujarat, political news, developments in business and industry, success stories, education, tourism, fairs and festivals of Gujarat and important and interesting photograph of Gujarat. Copyright © 2005 - 2010 Gujarat Global
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