The Uttarakhand High Court has reinstated Civil Judge Deepali Sharma, highlighting significant deficiencies in the inquiry that led to her termination. The primary witness and her father denied allegations against her, prompting the court’s decision to restore her position with back benefits.
India
-Krishna Kripa
The
Uttarakhand
High
Court
has
overturned
the
dismissal
of
Civil
Judge
Senior
Division
Deepali
Sharma.
The
court
ordered
her
reinstatement,
maintaining
her
service
continuity
and
seniority.
Allegations
against
Sharma
included
keeping
a
14-year-old
girl
at
her
home
for
domestic
work,
neglecting
her
health,
and
causing
physical
harm.
However,
the
court
found
significant
flaws
in
the
inquiry
process.
image
The
Uttarakhand
High
Court
has
reinstated
Civil
Judge
Deepali
Sharma,
highlighting
significant
deficiencies
in
the
inquiry
that
led
to
her
termination.
The
primary
witness
and
her
father
denied
allegations
against
her,
prompting
the
court’s
decision
to
restore
her
position
with
back
benefits.
During
the
investigation,
both
the
girl
and
her
father
denied
the
accusations
against
Sharma.
They
stated
that
she
treated
the
girl
well.
The
court
noted
these
denials
as
crucial
evidence
in
its
decision
to
reinstate
Sharma.
The
bench
of
Chief
Justice
G
Narendar
and
Justice
Subhash
Upadhyay
reviewed
the
entire
case
record
before
reaching
this
conclusion.
Inquiry
Process
and
Allegations
The
case
began
with
an
anonymous
complaint
in
2018,
leading
to
an
inquiry
and
a
resolution
by
the
full
court
of
the
high
court
to
terminate
Sharma’s
services.
A
government
order
followed
this
resolution.
In
November
2020,
Sharma
challenged
this
decision
before
the
high
court.
The
allegations
claimed
that
during
her
tenure
in
Haridwar,
she
kept
a
minor
girl
at
her
residence
for
domestic
chores.
The
court
observed
that
during
a
raid
on
Sharma’s
official
residence
in
Haridwar’s
Judges’
Colony
in
2018,
no
prior
approval
from
then
Chief
Justice
K
M
Joseph
was
obtained.
Additionally,
no
such
approval
was
found
on
record.
Despite
several
judges
living
nearby,
no
witnesses
came
forward
to
confirm
any
misconduct
by
Sharma.
Legal
Proceedings
and
Court
Observations
The
bench
questioned
why
a
team
of
18-20
officials
was
necessary
to
raid
a
female
judicial
officer’s
residence.
It
also
noted
that
charges
against
Sharma
did
not
involve
employing
a
minor
or
engaging
in
child
labour.
Instead,
they
were
framed
under
the
Uttarakhand
Government
Servants
Rules,
2002,
focusing
on
her
integrity
and
work
conduct.
The
specific
rule
regarding
employing
children
for
domestic
work
was
not
invoked
in
this
case.
Based
on
these
observations,
the
high
court
quashed
the
full
court
resolution
dated
October
14,
2020,
along
with
the
subsequent
government
termination
order.
Reinstatement
and
Benefits
Judge
Sharma
is
to
be
reinstated
with
full
seniority
and
partial
service
benefits.
The
court
directed
that
it
will
be
considered
as
if
she
was
never
removed
from
service.
She
will
receive
50
per
cent
of
back
benefits
for
the
intervening
period
without
affecting
her
seniority.
This
decision
highlights
significant
procedural
lapses
in
handling
allegations
against
judicial
officers.
It
underscores
the
importance
of
thorough
investigations
and
adherence
to
legal
protocols
before
taking
disciplinary
actions.
With
inputs
from
PTI
