In a significant turn of events, the Gujarat High Court has reinstated a judge previously dismissed for consuming tobacco and pan masala in the courtroom. This decision overturns the harsher penalty of dismissal, suggesting a less severe punishment may be appropriate instead.
The case dates back to the period between 2007 and 2009 when the judge was posted in Vadodara. The judge faced 23 allegations of misconduct, which included harassment of staff and other charges related to his conduct during his tenure. By January 2009, an investigation was ordered into his behavior. Although 14 charges were fully or partially proved, it wasn’t until April 2012 that the judge was suspended. Subsequently, in August 2016, he was dismissed from service following findings by the High Court’s disciplinary authority that his actions were unbecoming of a judicial officer.
However, the judge challenged his dismissal in the High Court, leading to a critical review of the allegations against him. In March 2024, the bench comprising Justices Biren Vaishnav and Nisha Thakor found insufficient evidence for most of the severe allegations, except for the use of tobacco and favoritism towards certain lawyers.
The High Court, in its ruling in March 2024 and further clarification in January 2025, stated that the consumption of tobacco, pan masala, and gutkha within the courtroom premises directly contravenes the dignity of the court, which is an unforgivable breach. Nonetheless, they concluded that such acts alone do not justify dismissal but warrant a different form of disciplinary action.
The case was revisited on January 31, 2025, when the court’s administrative department sought clarification on the use of the term “termination” instead of “dismissal.” The bench responded by leaving it to the authorities to decide an appropriate punishment, adhering to the regulations but avoiding the extreme measure of dismissal.
