The Uttarakhand High Court recently set aside an order of dismissal passed against a civil judge in Haridwar, who was accused of physically abusing her domestic help. The decision was passed by a bench of Chief Justice G Narendar and Justice Subhash Upadhyay during the hearing of a plea filed by the civil judge Deepali Sharma.
“This is not only a case of no evidence, but a case of a carefully crafted edifice without a foundation. It could also be termed as a mountain made out of a molehill,” the division bench remarked in its order dated 6th January, while allowing her plea.
Quashing the inquiry and the proceedings against Judge Deepali Sharma, the High Court noted that the allegations against her arose from an anonymous email and were not proved through legally admissible or credible material. The court said that the inquiry suffered from procedural lapses and that the judge was wrongly held guilty of misconduct of a ‘non-existent charge’. According to the High Court decision, Deepali Sharma would be deemed to be in service from the date of her removal with all service benefits, including seniority. She would also be entitled to 50% service benefits, including pay from the date of her removal.
Pointing out the anomalies in the proceedings against Sharma, the High Court said, “Further, no approval from the Chief Justice of 2018 is on record. The minor girl and her father have denied all the allegations of child labour, and most importantly, no charge of child labour was framed during the enquiry as per the Uttarakhand Government Servants Rules of 2002.”
The court also questioned the medical evidence relied upon by the inquiry officer, and pointed out that the alleged injury report of the minor domestic help was not proved by a qualified doctor, and was not even supported by hospital admission records. “The wound certificate is in a format never seen by this court,” the bench said.
Further highlighting the procedural lapses in the case, the High Court noted that the key witnesses, including court staffers posted at the judge’s residence and neighbouring judicial officers, were not examined. The inquiry officer relied on assumptions and conjectures. The court also noted that the minor girl was placed in a shelter house for a long time despite her parents being identified and willing to take her custody.
The judges added that the scale of police operation at the judge’s residence following the allegations was excessive.
Background of the case
Deepali Sharma was posted as a civil judge (senior division) in Haridwar when a complaint was filed against her in January 2018 based on an anonymous email alleging that she physically abused a minor domestic help at her residence in Haridwar. Subsequently, a spot visit was conducted by the Haridwar district judge in the instruction of the then Chief Justice of the Uttarakhand High Court.
The civil judge, who joined the judicial services in 2008 as a civil judge (junior division), was first suspended and then removed from service by a government order dated October 20, 2020. The government order followed a full court resolution of the High Court on the administrative side.
