2 hrs ago
Gujarat High Court Upholds Judge’s Dismissal Over Housing Dispute
A senior judge named A H Dave was moved to a different town for work.
She asked for official housing, but the court administration said none was available and that she would need to find a private place.
Dave wrote that she might sleep outside and also acted in ways the court considered inappropriate.
She later sent letters that the High Court said used unacceptable language and improperly asked for a judge to be transferred.
Dave argued that the investigations were unfair and that she could not properly defend herself.
The High Court said she had been given chances to take part, including permission to hire a lawyer.
It found that evidence supported the charges against her.
The court therefore decided not to overturn her dismissal.
The Gujarat High Court upheld the dismissal of senior civil judge A H Dave, rejecting her challenge to the disciplinary proceedings.
After being transferred to Deesa in October 2012, Dave was told official judicial quarters were unavailable and she would need to arrange private accommodation.
She sought permission to sleep on the pavement and receive travel and daily allowances, and was also accused of threatening to sleep in her car outside the court.
The court cited her conduct during the housing dispute and letters in 2013, including a request to recommend transferring a sitting High Court judge.
The High Court found the charges supported by oral, documentary and video evidence, and said Dave had been given opportunities to participate in the inquiries.
- Who
- A H Dave, a senior civil judge, and the Gujarat High Court.
- What
- The High Court upheld Dave’s dismissal after rejecting her challenge to the disciplinary proceedings.
- Where
- The dispute involved her postings in Vadodara and Deesa and proceedings before the Gujarat High Court.
- When
- The housing dispute began after her transfer in October 2012; the court dismissed her petition on October 9, with the year not specified in the article.
- Why
- The court found the charges of serious misconduct proved and concluded that her conduct justified dismissal.
Dave’s challenge
High Court’s findings
Fairness of the disciplinary proceedings
Dave’s challenge
Dave argued that the inquiries violated natural justice and denied her a fair opportunity to defend herself.
High Court’s findings
The High Court said she had repeatedly failed to participate despite being given opportunities, including permission to engage a lawyer.
Official accommodation
Dave’s challenge
Dave sought official housing and proposed sleeping on the pavement while awaiting accommodation.
High Court’s findings
The court said official quarters were not mandatory when unavailable, an alternative arrangement existed, and threatening to sleep outside to pressure authorities was serious misconduct.
Key facts
- Judge
- A H Dave, senior civil judge
- Transfer
- From Vadodara to Deesa in October 2012
- Housing issue
- The High Court Registry said judicial quarters were unavailable and private accommodation would need to be arranged.
- Other conduct cited
- The proceedings included her late-night stay at the Palanpur district court complex and threats to sleep outside.
- Letters
- Two letters from 2013 were considered in further departmental inquiries.
- Dismissal process
- The Standing Committee recommended dismissal; the Full Court accepted the recommendation in December 2023, followed by a state government dismissal order.
- Court finding
- The Gujarat High Court said the charges were supported by oral, documentary and video evidence.
Quotes
Gujarat High Court
The court hearing Dave’s challenge to her dismissal.
“If a Judicial Officer decides to threaten the Principal District Judge and threaten to sleep on the pavement if a suitable accommodation was not provided, this conduct would basically be one which would be mocking the entire judiciary and showing the Institution itself in a poor light.”
indianexpress.com
Sources
Related news
Delhi High Court Upholds Officer’s Return After Dog-Walk Dispute
Punjab Chief Secretary Apologizes as High Court Refers DA Case
Supreme Court Stays Reinstatement in IAS Dog-Walk Row
Gujarat High Court Questions Nasirnagar Demolition Inquiry
Justice Jalan Recuses Himself from Gymkhana Club Eviction Case
Former Rajasthan acting CJ answers Supreme Court judge's allegations
Gujarat High Court Seeks Response on Bharuch Mosque Dispute
Gujarat High Court Quashes FIR Over Buddha Images on Sarees
Supreme Court Upholds Increment for Regularised Daily-Wage Workers
Gujarat High Court to Examine Limits on Refusing Protest Permissions
