The
has upheld the
of a Senior Civil Judge, Asha Harishchandra Dave, for
that included threatening to sleep on the pavement if government accommodation was not provided, demanding the transfer of a sitting High Court judge, and using
against the Chief Justice. The division bench of Justice N.S. Sanjay Gowda and Justice J.L. Odedra rejected the petition challenging the 2023 order of
, finding that the conduct was
"clearly
"
and rendered her incapable of holding judicial office.
Threatening to Sleep on Pavement
The case arose after Dave was transferred from Vadodara to Deesa as the 4th Additional Senior Civil Judge in . When informed that no judicial quarters were available and that she would need to arrange private accommodation, she sent a fax to the Principal District Judge, Palanpur, requesting permission to spend the night on the pavement and demanding that the Collector be directed to requisition suitable accommodation. She also insisted that she be allowed to commute daily from Palanpur to Deesa with travelling allowance until accommodation was arranged.
The High Court noted that judicial officers are provided with House Rent Allowance when quarters are not available, and that
"there is no rule which mandates that furnishing of a quarter to a judicial officer is a 'must'."
The court observed that the petitioner's threat to sleep on the pavement if accommodation was not provided was a serious
that mocked the entire judiciary.
"If a Judicial Officer decides to threaten the Principal District Judge and threaten to sleep on the pavement if a suitable accommodation was not provided, this conduct would basically be one which would be mocking the entire judiciary and showing the Institution itself in a poor light,"
the court held.
Letter Demanding Transfer of Judge
Further, Dave addressed a letter dated
to the High Court through the Registrar General, calling upon the Chief Justice and other judges to use their power to recommend the transfer of a sitting judge of the High Court. The court described this act as "
." It stated that a Senior Civil Judge
"cannot by any stretch of imagination, address a letter to the Chief Justice and call upon the Chief Justice to make a recommendation for transferring a sitting Judge of the High Court."
The court found this conduct proof of "
" and concluded that it constituted
"the
."
A third charge related to a letter addressed to the Chief Justice containing what the court termed "obnoxious allegations" and "
." The bench observed that the letter indicated the petitioner was
"not only irrational but had gone way beyond the norms of decency."
and
Three separate departmental inquiries were initiated against Dave. Throughout the proceedings, she refused to participate, instead filing numerous applications seeking adjournments, a personal meeting with the Chief Justice, and transfer of the officer. Permission to engage an advocate was granted, but she rejected the panel of pro bono lawyers offered by the , stating that none was competent. The officer ultimately appointed a lawyer from the panel, which Dave refused to accept.
The reports found all based on . The recommended , and the accepted the recommendation on . The State Government issued the notification of .
Court Upholds
Challenging the
, Dave argued that the
violated
and that she was not afforded a
. The court rejected these submissions, noting that she had availed multiple extensions and opportunities but chose not to participate.
"The fact that the petitioner did not choose to avail multiple opportunities to defend herself and chose to stay away from the
proceedings also disentitle the petitioner of any relief,"
the court observed.
The bench also noted that the charges were based on letters written by Dave herself and were not explicitly denied. The court found that the allegations had been proved through oral, documentary, and video evidence. The was fully justified given the gravity of the .
The petition was dismissed, and the order of from service was upheld.