The Gujarat High Court has upheld the dismissal of a lower court judge who went on an unauthorised leave 10 years ago over a dispute related to a protest by lawyers. The judge did not report to work after sending an ‘intemperate letter’ to an administrative judge of the High Court and the principal district judge of Vadodara in 2013.
The two-judge bench of the Gujarat HC, while hearing the case Nileshbhai Chauhan vs Registrar General, upheld the former judge’s dismissal citing that his conduct was not befitting a judicial officer, Bar and Bench reported.
A bench of justices Biren Biren Vaishnav and Nisha Thakore said, “Viewing unauthorised absence of an ordinary employee may perceive a different perception. Similar standards cannot and should not be applied in case of a Judicial Officer, who abandoned his service in defiance by addressing a letter that unless a particular issue is not resolved he shall not report to his work.”
The court was hearing the plea by former lower court judge Nilesh Chauhan, who took the leave from May 13, 2013, to July 11, 2013.
According to reports, the judge was on paid leave from April 24 to May 10 2013 when he came across a news article regarding a sudden strike called by lawyers of Vadodara, Bar and Bench reported.
Following the same, the former judge wrote an ‘intemperate’ letter to the principal district judge and the administrative judge of the High Court.
In the letter, Chauhan remarked that the whole judicial system is facing a ‘rot’ due to the elements such as the protesting lawyers. The letter also mentioned that the principal district judge and the High Court's administrative judge are directly or indirectly encouraging such elements, which is impacting the systematic destruction of the judicial system.
Additionally, Chauhan also stated that he would not be reporting back to work till the issue was resolved and took an unauthorised leave from May 13 to July 11, 2013.
In 2015, Chauhan was then dismissed from his service for the remarks that he made and also for using undignified language against the HC administrative judge and the principal district judge of Vadodara. However, the decision was then challenged by Chauhan in the High Court in 2016.
While dismissing his plea, the high court further noted that the former magistrate may be allowed to vent his anguish against the judicial system. However, the HC questioned the manner in which Chauhan reacted to the matter.
(Edited by : Sudarsanan Mani)
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