SC awards Rs 20 lakh compensation to former judicial officer

The Supreme Court awarded a compensation of Rs 20 lakh to a former judicial officer who was compulsorily retired on corruption allegations which were later found to be incorrect.

The apex court noted the Gujarat High Court held that no corruption charge was made out against the former judicial officer.

A bench of Justices Deepak Gupta and Aniruddha Bose, however, did not agree with the view of the high court which said that since the 53-year-old officer had already been out of job for eight years, he should not be brought back into service after such a long time.

"Once the high court held that the charges had not been proved against the appellant, who was a judicial officer, his honour and dignity required that he should be brought back into the service. We hold that the appellant (officer) has not committed any act unbecoming of a judicial officer," the bench said in its order.

 

The top court said that he cannot be brought back in service since he has already passed the age of superannuation.

"We are of the considered view that since the appellant (officer) has not worked during all these years and this will lead to another round of litigation to decide what he was earning during this period, in lieu of awarding him back-wages, we direct that a lump-sum amount of Rs 20 lakh be paid to the appellant," the bench said.

It said that the amount be paid to him within six months.

The apex court passed the order while dealing with a plea filed by the former judicial officer, who had joined the service in November 1981, regarding the relief to be granted to him.

From June 1992 to June 1994, he was working as a civil judge and judicial magistrate in Gujarat and corruption allegations were levelled against him alleging that he had granted seven bail orders against the provision of law.

It was also alleged that in a civil case, after granting an ex-parte order, he had vacated the injunction the very next day without notice to the petitioner.

After inquiry, penalty of compulsory retirement was imposed against him.

He thereafter approached the high court, which held that no charge of corruption was made out against him.