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This is an archive article published on February 25, 2011

No pension benefits for sacked judge,rules HC

Showing no leniency towards a former civil judge,the Bombay High Court on Thursday dismissed his petition seeking pension benefits after his termination for consuming alcohol at a lawyer’s party and trying to woo a woman lawyer.

Showing no leniency towards a former civil judge (senior division),the Bombay High Court on Thursday dismissed his petition seeking pension benefits after his termination for consuming alcohol at a lawyer’s party and trying to woo a woman lawyer.

The former judge,now 75-years-old,had sought pension benefits that were withheld by the High Court after he was asked to avail the voluntary retirement scheme in 1996. After complaints against the judge in 1992-93,a departmental inquiry was conducted against him in 1995-96 by the district judge of Malegaon.

It was alleged that the judge attended a party hosted by Malegaon lawyer D U Shivale at his farmhouse. It was stated that not only was alcohol served at the party but the judge had consumed it himself. In his defence,however,the judge said that he had only consumed neera.

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“Why should you attend a party thrown by an advocate and consume liquor? You were a judicial officer. Is this the conduct of a judicial officer?” asked Justice D K Deshmukh. “There were other ways of easing the relationship rather than attending parties of advocates,” Justice Deshmukh and Justice K K Tated observed,when told that the party was apparently hosted to bury the hatchet between the Bar and Malegaon police.

The other allegation too,the court said was “very serious” in nature,that of “developing intimacy” with a woman lawyer. The woman lawyer had stated in her statement that she refrained from appearing before his court as he had told another lawyer under the influence of alcohol that he wanted her “company” and called her to his chamber and also visited her house and waited for her. She stated she once met him on a morning walk where he asked her why she kept “running away” from him.” Appalled after reading the inquiry officer’s report,Justice Deshmukh said,“Why should you call a lady advocate to your chamber? This is horrible.”

Although the civil judge,arguing in person before the High Court,said the allegations were “concocted” and at his ripe age he had no source of income as his son,a lawyer,was not getting any cases either. “I am helpless,” he said. The court,however,observed that he had not cross-examined any of the witnesses who deposed against him and told him,“You should have behaved properly then.”

“The judiciary is already in a bad shape. We don’t know how you survived in the judiciary for so long,” the judges said.

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