2026 Supreme(UK) 260

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
G. NARENDAR, CJ, SUBHASH UPADHYAY, J.
Deepali Sharma - Petitioner
Versus
State of Uttarakhand And Another - Respondents
WRIT PETITION (S/B) NO. 266 OF 2021
Decided On : 06-01-2026

Disciplinary inquiry against judicial officer quashed as perverse for relying on unverified preliminary report, ignoring victim denials, non-examining eye-witnesses, flawed medical proof, violating natural justice; charges under conduct rules unproven.

Headnote:(A) Uttarakhand Government Servants’ Conduct Rules, 2002 - Rules 3(1) and 3(2) - Disciplinary proceedings against judicial officer - Allegations of employing minor girl as domestic help and subjecting her to physical, mental abuse - Inquiry report held perverse for relying on unproven preliminary verification report prepared without opportunity to charged officer, non-examination of eye-witness peons, flawed medical proof by non-doctors, bias in discarding defence evidence and victim’s consistent denial of abuse - Preliminary raid with armed force disproportionate and predetermined - Charges not proved by preponderance of probabilities - Removal from service set aside, reinstatement with 50% monetary benefits. (Paras 2, 7-12, 24-154)

(B) Principles of natural justice - Departmental inquiry - Evidence from preliminary inquiry inadmissible in regular proceedings - Burden on department to prove charges - Failure to summon best witnesses or rebut defence material vitiates findings - Anonymous complaint requires source verification in restricted access premises - Ossification test and school records determine age over unverified claims. (Paras 10, 22, 24, 145-149)

(C) Juvenile Justice (Care and Protection of Children) Act, 2015 - Improper rescue and detention of adolescent girl in shelter home against parents’ wishes without justification - Prolonged separation disrupting education violates child rights - Criminal prosecution withdrawn confirming no substance. (Paras 29-32, 98-104)

Facts of the case:
Anonymous email complaint alleging judicial officer kept minor girl as abused maid servant in official residence - Chief Justice orally directed discreet verification - District Judge mobilized police team for raid, videographed rescue despite girl’s reluctance - Medical noted 20 injuries aged 1-2 days, proved by nurse/pharmacist - Statements recorded, girl detained in ashram 5 months - Charges framed under conduct rules, inquiry held guilty leading to removal.

Findings of Court:
Inquiry perverse, biased; no direct evidence of employment pre-14 years or abuse; victim denied maltreatment, peons unexamined; raid overkill; reinstatement with continuity, 50% arrears.

Issues: Validity of initiating inquiry on anonymous complaint without source probe; propriety of raid and rescue; proof of misconduct sans eye-witnesses; appreciation of conflicting evidence including victim’s testimony.

Ratio Decidendi: Disciplinary findings must rest on recorded evidence, not preliminary reports or hearsay; ignoring key admissions, non-summoning best witnesses, presuming influence sans proof renders report arbitrary; conduct rules violations demand specific charge and proof, general integrity breach unproven without foundation.

Result: Writ petition allowed.