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AHMEDABAD: Gujarat high court has upheld the dismissal of a judge and observed that “no mercy can be shown to a judicial officer who blatantly and defiantly” engaged in corruption.
Ajay Acharya was dismissed from subordinate judiciary after he and his colleague, senior civil judge P D Inamdar, were caught on hidden camera while committing illegalities. While Acharya was serving as principal civil judge and judicial magistrate first class at Vapi court between 2012 and 2015, a lawyer, Jagat Patel, and court peon Manish Patel fixed a hidden camera in the judges’ chambers to catch the judicial officers red-handed.
Upon Patel’s complaint before SC, HC instituted a vigilance inquiry under a deputy inspector-general. Both judicial officers were arrested, and a criminal case filed against them.
During the hearing, it was revealed that Acharya faced five charges in departmental proceedings – corruption in collusion with local lawyers, having an illicit relationship with a lawyer, dictating witness testimony in the absence of a witness in a criminal case, not recording answers of a witness verbatim in another criminal case, and irregularity in sitting on the board and spending time in chamber with advocates and making demands for illegal gratification. Except the illicit relationship charge, Acharya was held guilty on all other counts.
HC also turned down the argument that dismissal was harsh punishment, remarking, “A judicial officer who blatantly and shamelessly has indulged in corruption cannot receive indulgence even on the ground of proportionality from this court in exercise of powers under Article 226 of the Constitution of India.”
Ajay Acharya was dismissed from subordinate judiciary after he and his colleague, senior civil judge P D Inamdar, were caught on hidden camera while committing illegalities. While Acharya was serving as principal civil judge and judicial magistrate first class at Vapi court between 2012 and 2015, a lawyer, Jagat Patel, and court peon Manish Patel fixed a hidden camera in the judges’ chambers to catch the judicial officers red-handed.
Upon Patel’s complaint before SC, HC instituted a vigilance inquiry under a deputy inspector-general. Both judicial officers were arrested, and a criminal case filed against them.
During the hearing, it was revealed that Acharya faced five charges in departmental proceedings – corruption in collusion with local lawyers, having an illicit relationship with a lawyer, dictating witness testimony in the absence of a witness in a criminal case, not recording answers of a witness verbatim in another criminal case, and irregularity in sitting on the board and spending time in chamber with advocates and making demands for illegal gratification. Except the illicit relationship charge, Acharya was held guilty on all other counts.
HC also turned down the argument that dismissal was harsh punishment, remarking, “A judicial officer who blatantly and shamelessly has indulged in corruption cannot receive indulgence even on the ground of proportionality from this court in exercise of powers under Article 226 of the Constitution of India.”
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