Karnataka high court upholds retirement imposed upon civil judge | Bengaluru News – Times of India

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BENGALURU: Pointing out that maintaining a high degree of probity and integrity is the hallmark of judges and litigants approach courts with utmost trust, the HC has upheld the penalty of compulsory retirement imposed upon a civil judge. The penalty came to be imposed after he was found signing order sheets of the previous day and the same was noticed by the principal district judge, during a surprise visit in June 2019.
“Maintaining a high degree of probity and integrity is the hallmark of judges. Litigants approach the court with utmost trust. To record proceedings in the order sheet, which have not actually taken place is anathema to sacrosanct court proceedings and such conduct cannot be countenanced in the case of a judicial officer/judge. If this is permitted, there will be no sanctity for the proceedings. It is therefore, imperative that strict action is taken,” Justice PS Dinesh Kumar observed in his order while dismissing the plea filed by Shivanand Laxman Anchi.
The judge noted that it has been recorded in the inquiry report that the petitioner had neither cross-examined the witnesses nor adduced any evidence on his behalf and upon appreciation of evidence on record, the enquiry officer had held the charges (against petitioner) were proved.
In addition, the principal district judge stated that the petitioner has not signed the attendance and was signing the order sheets typed on the computer and recording previous day’s date, and the bench clerk had stated that he had got the order sheets typed as per the petitioner’s oral instructions.
The petitioner was appointed as a civil judge (junior division) on April 9, 2014. In 2019, he was posted as additional civil judge, JMFC, Virajpet. By a notification dated June 22, 2019, he was placed in charge as civil judge and JMFC, Ponnampet, with a direction to conduct court proceedings for three days in a week (Monday, Tuesday and Wednesday).
On June 27, 2019, the principal district and sessions judge, Kodagu, conducted a surprise visit at Virajpet and noticed that the petitioner was signing the order sheets of the previous day and recording the date as June 26.
Based on the report of the principal district judge, articles of charges were issued. A departmental inquiry was done by the first additional district judge, Kodagu, Madikeri, and he held the charge as proved. A second show-cause notice was issued and the petitioner submitted his reply. The petitioner was compulsorily retired by an order dated March 22, 2021.

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