Uttarakhand HC reinstates civil judge over 'deficiencies' in inquiry in teen house help case

Nainital, Jan 9 (PTI) The Uttarakhand High Court has set aside the termination of Civil Judge (Senior Division) Deepali Sharma and ordered her reinstatement with continuity of service and seniority.

The termination orders were passed on allegations that the judge kept a 14-year-old girl at her residence, made her perform domestic work, neglected her health, and subjected her to physical harm.

The division bench of Chief Justice G Narendar and Justice Subhash Upadhyay said it examined the entire case record and found significant deficiencies in the inquiry.

The court noted that the girl, who was the primary witness, and her father had both denied all allegations against Sharma, stating that she had treated the girl properly.

The court directed that it will be deemed that she was never removed from service, and she will be entitled to 50 per cent of back benefits for the intervening period, with no impact on her seniority.

The case arose from an anonymous complaint in 2018, following which an inquiry was conducted and the full court of the high court resolved to terminate Sharma’s services. A subsequent government order was also issued to this effect.

In November 2020, the full court resolution passed by a bench of nine judges, along with the government order, was challenged before the high court. It had been alleged that during her posting as Civil Judge (Senior Division) in Haridwar, Sharma kept a 14-year-old girl at her residence, made her perform domestic work, neglected her health, and subjected her to physical harm.

Noting that the girl and her father both denied allegations against against the judge, the court further observed that during the 2018 raid conducted at Sharma’s official residence in the Judges’ Colony at Haridwar, no prior approval of the then Chief Justice K M Joseph was obtained, nor was any such approval found on record.

Despite several judges residing nearby, no witness came forward to state that any misconduct had taken place, it observed. The bench also questioned the necessity of deploying a team of 18-20 officials to raid the residence of a lady judicial officer.

The court held that the charges framed against Sharma did not relate to keeping the minor girl or engaging child labour. Instead, they were framed under the Uttarakhand Government Servants Rules, 2002, concerning her integrity and work conduct. The specific rule relating to employing children for domestic work had not been invoked.

On these grounds, the high court quashed the full court resolution dated October 14, 2020, and the consequent government termination order, granting Judge Sharma reinstatement with full seniority and partial service benefits. PTI COR DPT SKY SKY