Judicial officers must maintain high standards of integrity; interference with police investigations constitutes misconduct warranting disciplinary action.

CAV ORDER

Petitioner, a compulsorily retired Senior Civil Judge is before this Court under Article 226 of the Constitution of India questioning the legality and correctness of the Government Order bearing No.LAW 195 LAC 2012, Bangalore dated 01.10.2012 (Annexure-A), imposing penalty of compulsory retirement, with a prayer to grant all consequential benefits.

2. Brief facts of the case are that the petitioner joined judicial service as Civil Judge (Jr.Dvn) in February 1995 and further he was promoted as Civil Judge (Sr.Dvn) in the year 2005. While he was working as Civil Judge, (Sr.Dvn), XIII Additional Chief Metropolitan Magistrate, Bengaluru City, based on the complaint of one Dr.B.Indumathi dated 23.06.2008 and 22.09.2008, departmental proceedings was initiated against the petitioner by issuing articles of charges dated 27.04.2011. The sum and substance of the charge was that the petitioner interfered with the due process of investigation of Police Inspector, Nandini Layout Police Station, Bengaluru into the complaint lodged by the complainant Smt.Dr.B.Indumathi against Smt.Anasuya (Anasuyamma), thereby committed misconduct and committed an act of unbecoming of a Judicial Officer. The petitioner filed his written statement of defence denying the charge as false allegation. In his reply, the petitioner stated that he had requested the Nandini Layout Police not to harass his sister as the suit is pending. Not being satisfied with the reply of the petitioner, Enquiry Officer – Registrar (Vigilance) was appointed as Enquiring Authority and proceeded to conduct the proceedings.

3. Before the Enquiry Officer, the Disciplinary Authority examined two witnesses as PW1 and PW2 i.e., complainant Dr.B.Indumathi and PW2 Sri.H.T.Jayaramaiah, Police Inspector and marked Ex.P1 to Ex.P7. The petitioner – Delinquent Official examined himself as DW1 apart from examining other four witnesses and marked documents at Ex.D1 to Ex.D8. The Enquiry Authority based on the material on record, held that the charge of threatening the Police Inspector - PW2 is proved. The petitioner was issued with second show cause notice dated 09.04.2012 enclosing the report of the Enquiry Authority. The petitioner submitted his reply on 09.05.2012. Thereafter, Annexure-A, order dated 01.10.2012 was passed imposing penalty of compulsory retirement on the petitioner in exercise of power conferred under Rule 8(vi) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 (for short, ‘CCA Rules’).

4. Heard learned senior counsel Sri.M.R.Rajagopal for Sri.H.N.Basavaraju learned counsel for the petitioner, learned Additional Government Advocate Smt.Prathibha.R.K., for respondent No.1 and learned senior counsel Smt.S.Susheela for Sri.Somanatha.H., learned counsel for respondent No.2. Perused the entire writ petition papers.

5. Learned senior counsel appearing for the petitioner would submit that the findings of the Enquiry Officer and the punishment of compulsory retirement based on the findings of the enquiry report are contrary to the material on record. Further, learned senior counsel would contend that the petitioner has not committed any misconduct and he would submit that mere requesting the Nandini Layout Police not to harass his sister as a civil suit in O.S.No.8195/2006 is pending, would not amount to misconduct or unbecoming of a Judicial Officer. It is submitted that the charge as framed would not amount to any misconduct or dereliction of duty. In the said circumstances, learned senior counsel would submit that the initiation of enquiry and further proceedings are vitiated as the petitioner has not abused and interfered with the investigation and the institution of enquiry itself is not proper. Learned senior counsel would submit that the dispute between the complainant Dr.B.Indumathi and sister of the petitioner i.e., Smt.Anasuya was pending in O.S.No.8195/2006 and as the persons belonging to Dr.B.Indumathi along with police were threatening Smt