Mumbai: The Bombay High Court has refused to reinstate a civil judge, junior division in service, observing that judges must act with dignity and not indulge in conduct or behaviour that would affect the judiciary’s image.
The observation was made by the court while dismissing a petition filed by Aniruddha Pathak, 52, challenging his removal from the post of Civil Judge Junior Division due to alleged improper behaviour and for coming to court in an inebriated state on several occasions.
The order of his removal was passed in January 2022 by the Maharashtra government’s Law and Judiciary department. The order was passed after a report was submitted by the Principal District and Sessions Judge of Nandurbar.
“It is a universally accepted norm that judges and judicial officers must act with dignity and must not indulge in a conduct or behaviour which is likely to affect the image of the judiciary or which is unbecoming of a judicial officer,” a bench headed by Justice AS Chandurkar observed on Tuesday.
It further added that if the members of the judiciary indulge in a behaviour which is blameworthy or unbecoming of a judicial officer then courts cannot grant any relief.
“Judges while discharging their functions exercise the sovereign judicial power of the State and hence standards are expected to be maintained are of the highest nature,” the bench noted in its detailed order.
Pathak was appointed as a Civil Judge Junior Division in March 2010 and till his removal was posted at various districts. The allegations against Pathak were of improper behaviour on the dais while presiding court, not following court timings, and arriving in court under the influence of liquor.
The allegations were made when Pathak was a judge at the Shahada court in Nandurbar district. “We find no reason to interfere with the impugned order, more so because the petitioner was occupying a post which is looked upon with high respect and if the Disciplinary Committee has come to a conclusion of removal of service, then it cannot be said to be perverse,” the bench underlined.
