IN THE HIGH COURT OF ALLAHABAD
HON'BLE SAUMITRA DAYAL SINGH, HON'BLE DONADI RAMESH, JJ.
Umesh Kumar Sirohi – Appellant
Versus
State Of Uttar Pradesh And Another – Respondents
Writ A No.10665 of 2021
Decided on : 02-05-2024
| Table of Content |
|---|
| 1. the inquiry against a judicial officer must adhere to principles of natural justice. (Para 1) |
| 2. background of disciplinary actions taken against umesh kumar sirohi. (Para 2 , 3 , 4 , 5 , 6) |
| 3. arguments on the violations of article 311 and rules concerning disciplinary procedures. (Para 7 , 8 , 9) |
| 4. arguments against the findings and reasoning in inquiries. (Para 10 , 11 , 12) |
| 5. response detailing the inquiry procedure. (Para 13) |
| 6. analysis of evidence during inquiries and implications of judicial conduct. (Para 14 , 15) |
| 7. discussion of necessity for reasons in judgments. (Para 16 , 17) |
| 8. discussing the principles of natural justice in disciplinary proceedings. (Para 24 , 26) |
| 9. conclusion on the requirement of reasons for penalties imposed. (Para 35 , 38) |
| 10. review of regulatory compliance in disciplinary proceedings. (Para 46 , 54) |
| 11. cases supporting strict adherence to procedural mandates. (Para 59 , 60) |
| 12. final assessment of umesh kumar sirohi's conduct and justification of the penalties. (Para 65 , 72 , 78 , 82 , 110) |
| 13. failure to follow disciplinary rules can lead to severe consequences for judicial officers. (Para 66) |
| 14. final judgment on the writ petition dismissed. (Para 111) |
JUDGMENT :
1. Heard Sri Ashok Khare, learned Senior Advocate, assisted by Sri Aditendra Singh, learned counsel for the petitioner; Sri Ashish Mishra, learned counsel for the High Court and Sri Nimai Das, learned Additional Chief Standing Counsel for the State-respondents.
2. The present writ petition has been filed to assail the penalty order passed by the State Government dated 16.04.2021, communicated to the petitioner by the Registrar(J)(Confidential), High Court Allahabad vide letter dated 28.05.2021. Thereby, the petitioner -then serving as Additional District & Sessions Judge, Lalitpur has been removed from service, with immediate effect. The petitioner was appointed to the Uttar Pradesh Civil Service (Judicial) in the year 2001. In 2013, he was promoted and thus appointed to the Uttar Pradesh Higher Judicial Service. While serving as Additional District & Sessions Judge, Meerut, first Charge Sheet dated 08.08.2016 was issued to the petitioner. Again, on 20.03.2017 a second Charge Sheet was issued to the petitioner.
3. The first Charge Sheet dated 08.08.2016 led to institution of Departmental Inquiry No. 21 of 2015, on the following four charges :
Thus, you have committed misconduct within the meaning of Rule 11-A read with Rule 3 of the Uttar Pradesh Government Servants Conduct Rules, 1956.
2.That on 26.06.2014, during the course of reconciliation meeting between the family members of Dr. Muskan Sirohi with you and your younger brother Sri Raj Kumar Sirohi, you self inflicted an injury on your left hand, as a conspiracy to involve Dr. Muskan Sirohi and her family members in a criminal case. In furtherance thereof your wife Smt. Meghana Sirohi lodged an FIR against Dr. Muskan Sirohi and her family members being Case Crime No. 472 of 2014, U/s 395, 397 IPC at P.S. Medical College, Meerut.
Thus, you have acted in a manner which is unbecoming of a Judicial Officer. Further, you have misused your authority as a Judicial Officer and failed to maintain absolute integrity. Thus, you have committed misconduct within the meaning of Rule 3 of the Uttar Prad
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Judicial officers are held to a strict standard of integrity, and misconduct, including attempts to influence judicial proceedings, justifies removal from service after a fair inquiry process.
Judicial officers must maintain integrity and decorum; misconduct undermining public confidence is serious, but not all charges may warrant maximum punishment.
Disciplinary action necessitates adherence to statutory rules, including providing a disagreement note when diverging from inquiry findings, as failure to do so violates principles of natural justice....
In disciplinary proceedings, the burden of proof lies with the charged officer to disprove allegations, and adherence to natural justice is essential for valid outcomes.
Judicial review in disciplinary proceedings limited to procedural fairness and natural justice; no interference absent perversity or bias; facilitation of witness deposition not bias; repeated frivol....
Judicial review of disciplinary actions is limited; courts cannot reappraise evidence or substitute their judgment unless findings are arbitrary or unsupported by evidence.
The principles of natural justice require that a delinquent employee be given a copy of the preliminary enquiry report before the disciplinary authority arrives at its conclusions with regard to the ....
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