Covering Law & Justice.

U.P. Judge Dismissed for Misconduct: High Court Upholds Removal in Dowry and Influence Case

Allahabad, India – The Allahabad High Court has upheld the dismissal of a Uttar Pradesh Additional District & Sessions Judge (ADJ), Umesh Kumar Sirohi , affirming a penalty order issued by the State Government. The court, comprising Justices Saumitra Dayal Singh and Donadi Ramesh , dismissed Sirohi 's writ petition challenging his removal from service, citing serious misconduct including demanding dowry and attempting to influence judicial proceedings.

Case Background: Charges of Misconduct

Umesh Kumar Sirohi , who was serving as ADJ Lalitpur at the time of his removal, faced two departmental inquiries initiated based on charge sheets issued in 2016 and 2017. The charges stemmed from allegations of demanding dowry in his brother's marriage, self-inflicting injury to falsely implicate his sister-in-law’s family, and misusing his position to influence judicial officers in cases involving his family.

The first charge sheet (2016) encompassed allegations of dowry demand and receipt, self-inflicted injury, and attempts to influence the Investigating Officer and an Additional Chief Judicial Magistrate (ACJM) in connection with a criminal case (Case Crime No. 472 of 2014). The second charge sheet (2017) focused on misuse of position to influence the same ACJM in a related personal case (Case No. 93650 of 2015), making false allegations against the then District Judge, Meerut.

Both inquiries were conducted separately and reports submitted. After considering these reports and Sirohi ’s representations, the Full Court of the High Court resolved to impose the major penalty of removal from service, which was subsequently approved by the State Government.

Petitioner's Arguments: Procedural Lapses and Lack of Reasoned Order

Senior Counsel for the petitioner, Sri Ashok Khare, argued that the penalty order was illegal and violated principles of natural justice and Article 311 of the Constitution. Key arguments included:

• Lack of Reasoned Order: The Full Court did not provide a reasoned order dealing with Sirohi 's representations against the inquiry reports, violating Rule 9(4) of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999, and precedents like Union of India Vs. Mohd. Ramzan Khan .
• Overlap of Charges: Charge no. 4 of Inquiry No. 21 and Charge No. 1 of Inquiry No. 24 overlapped, leading to double jeopardy.
• Vitiated Inquiries: Both inquiries were flawed due to violation of natural justice principles, denial of cross-examination, forced ex-parte proceedings during illness, and non-consideration of material evidence.

Respondent's Defense: Due Process and Seriousness of Misconduct

Counsel for the High Court, Sri Ashish Mishra, contended that the penalty order was legally sound. Key counter-arguments included:

• Compliance with Article 311 and Rules: All mandatory requirements of Article 311 and Rule 9 were met. Inquiry reports were provided, representations were considered by the Full Court, and due process was followed.
• No Need for Separate Reasoned Order (in Agreement): When the Disciplinary Authority (Full Court) agrees with the Inquiry Reports, there is no legal mandate to record separate reasons, citing precedents like Umesh Chandra Vs. State of U.P. and Ram Kumar Versus State of Haryana .
• No Duplication of Charge: The charges were distinct, addressing different instances of attempting to influence judicial proceedings.
• Fairness of Inquiries: Ample opportunities were given to Sirohi to participate in both inquiries. His non-participation and seeking repeated adjournments led to ex-parte proceedings, justified under Rule 7(10) of the Rules. Evidence was sufficient to prove the charges, and strict rules of evidence do not apply in disciplinary proceedings, referencing State of Haryana and Another Vs. Rattan Singh .

Court's Observations: Upholding Disciplinary Authority and Gravity of Judicial Misconduct

The High Court meticulously analyzed Article 311, Rule 9 of the U.P. Rules, and relevant Supreme Court precedents. The court clarified that Rule 9(4), requiring a reasoned order, is triggered specifically when the Disciplinary Authority disagrees with the Inquiry Officer's findings under Rule 9(2), which was not the case here.

The judgment emphasized the serious nature of the charges, particularly the attempt to influence a subordinate judicial officer:

> "Misconduct of having tried to influence another judicial officer, had to be dealt with most seriously,with an iron hand… A judicial officer who defiles his office, merits no mercy."

The court scrutinized the inquiry proceedings and concluded that despite Sirohi 's disruptive conduct and repeated absences, Inquiry Judges 'A' and 'B' provided more than reasonable opportunities for him to participate. The court found no procedural defect that vitiated the inquiries and affirmed that the findings of misconduct were based on credible evidence.

> "Seen in that light, there is no procedural defect noted in the Inquiry proceeding in Departmental Inquiry No. 21 of 2015… Admittedly, the charge sheet was served on the petitioner alongwith a copy of the documents etc. He was given much more than fair or deserved or warranted opportunity to furnish his reply, cross examine the witnesses, lead evidence and present defence."

Referring to the gravity of misconduct for judicial officers, the court highlighted the higher standards expected:

> "It needs no emphasis that a judicial office may remain distant and pure – unaffected and immune to personal gain and/or loss. Any transgression committed by a judicial officer to extract any benefit for the self or for the benefit of those to whom the judicial officer may be closely related, would always be dealt with most severely."

Final Decision: Writ Petition Dismissed

Ultimately, the Allahabad High Court dismissed the writ petition, upholding the dismissal of Umesh Kumar Sirohi . The decision underscores the judiciary's commitment to maintaining high standards of integrity and accountability within its ranks. It reinforces that any misconduct, especially attempts to influence judicial proceedings, by a judicial officer will be met with severe disciplinary action.

The court concluded:

> "In view of the above, writ petition fails and is accordingly dismissed. No order as to costs."

This judgment serves as a significant reminder of the stringent ethical standards expected from judicial officers and the judiciary's resolve to address any deviations with firmness.