Judges Must Act With Dignity And Must Not Indulge In A Conduct Or Behaviour Which Is Likely To Affect The Image Of Judiciary” – Bombay High Court Upholds Removal Of Civil Judge

In a detailed judgment, the Bombay High Court has dismissed a writ petition filed by Aniruddha Ganesh Pathak, a former Civil Judge, challenging his removal from judicial service due to misconduct and discrepancies in duty. The bench comprising Justices A.S. Chandurkar and Jitendra Jain upheld the disciplinary action taken against Pathak under Rule 5(1)(viii) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, emphasizing that judicial officers must adhere to the highest standards of conduct.

The core legal points revolved around the allegations of misconduct, specifically Pathak’s absenteeism, misbehavior, and intoxication during duty hours, substantiated through multiple reports and enquiries. The High Court’s scrutiny was limited to assessing the procedural correctness of the disciplinary action and not re-evaluating the adequacy of evidence.

Pathak, appointed as a Civil Judge Junior Division in 2010, faced severe allegations relating to his conduct and integrity, including frequent absences from the bench during office hours and intoxication. Noteworthy incidents reported included his abnormal behavior and intoxication during a refresher course at the Maharashtra Judicial Academy and disregarding court hours, severely compromising court operations.

Procedural Fairness: The Court noted that Pathak was given adequate opportunities to defend himself during the disciplinary proceedings, affirming that the enquiry was conducted in line with the principles of natural justice.

Substantiation of Charges: The enquiry substantiated the charges against Pathak, particularly his failure to adhere to expected judicial conduct by not maintaining court hours and appearing intoxicated at official functions.

Scope of Judicial Review: The High Court emphasized its limited scope under Article 226 of the Constitution, refraining from acting as an appellate authority over the findings of the disciplinary committee.

Decision of the Court: The writ petition was dismissed, with the court supporting the decision to remove Pathak from service. The judgment highlighted that the imposed disciplinary action was proportionate to the established charges and necessary to uphold the judiciary’s integrity and public trust.

Date of Decision: 23^rd April 2024

Aniruddha Ganesh Pathak vs. Registrar General,