Uttarakhand High Court Reinstates Civil Judge Deepali Sharma Over Inquiry Deficiencies in Minor Case

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.

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.

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