`Ticketless magistrate' knocks at HC's door

`Ticketless magistrate' knocks at HC's door
Express News Service

March 4: A former metropolitan magistrate, who was caught for travelling ticketless by train, has filed a petition challenging her compulsory retirement by the Bombay High Court.

In her petition, dismissed Metropolitan Magistrate Arundhati Walawalkar, last assigned to the 33rd Court at Ballard Pier, has said the decision to compulsorily retire her is illegal and malafide. The matter came up for hearing on March 3, before a division bench of Justice R A Kochar and Justice D Y Chandrachud of the Bombay High Court. The State of Maharashtra and Bombay High Court have been made respondents. Since the high court did not file its reply on Saturday, the matter has been posted for final hearing on March 17.

Walawalkar's petition states that she was appointed as magistrate in 1992. Since then, has been sharing an officially alloted car in a pool with three to four other magistrates. Since she resides in Mulund, she had to pick up her colleagues from different places which took much time. She also said she had developed back problems as a result of this and therefore switched to travelling by train.

Walawalkar was first caught travelling ticketless on May 13, 1997. She said that due to the large crowds at Chhatrapati Shivaji Terminus (CST) station she lost her ticket and purse. She was fined Rs 170 by the ticker checker. Thereafter, on December 5, 1997 she was again caught without a ticket. Here, her excuse was that her orderly, who was travelling in the second class compartment, was carrying her railway pass. Again, she paid a fine of Rs 107.

The railway had complained to the court administration about Walawalkar frequently travelling without a ticket. The Bombay High Court set up an inquiry committee headed by Sessions Judge H S Deshpande to look into the charges of misbehaviour by a sitting magistrate. The railway personnel, including the ticket checkers who deposed before Judge Deshpande confirmed the errant behaviour of the magistrate. They said she frequently travelled without a ticket and said that she had claimed that since she was a magistrate, she did not have to carry a ticket or pass to travel by train.

The committee in its findings while confirming the incidents also recommended that she be compulsorily retired. The administration retired her in August last year. Thereafter, few bars of the magistrates' courts organised a signature campaign addresed to Chief Justice B P Singh asking him to reconsider the order as Walawalkar was not found guilty in a corruption-related case.

Walawalkar, in her petition, denied that had she uttered any of the statements attributed to her. She added that the move to compulsorily retire her is motivated against her in order to victimise her. She said Judge Deshpande was asked to ascertain whether the charges for travelling ticketless were true and not to suggest a line of action to be taken. She said there was no adverse reflection on her judicial services. Walawalkar was represented by senior advocate Vijay A Thorat along with D S Parekh.