The district and sessions judge “abused his official position” in obtaining statements from subordinates to support his version and in obtaining the call records of a female employee after the high court issued a show-cause notice, a memorandum suspending the judge says.
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THE Uttarakhand High Court has suspended a district and sessions judge from Chamoli district for being absent from the courtroom during the recording of evidence.
It has also been averred that the judge obtained call records of a female employee whom he suspected of recording his absence from the court.
Through an office memorandum dated July 24, the high court suspended Judge Dhananjay Chaturvedi with immediate effect.
A show-cause notice was issued to Chaturvedi on July 11 to explain his conduct.
In his response, Chaturvedi submitted that because he has kidney stones, he takes frequent toilet breaks.
He further claimed that whenever he leaves the courtroom, he directs the recording of evidence to be paused.
“But in the video-clippings received with the complaint, it appears that the evidence was being recorded, and he, the presiding officer, was not present in the court,” the memorandum, which bears the signature of the high court registrar general, Anuj Kumar Sangal, says.
“Prima facie, the officer has misused and abused his official position while obtaining self-serving statement (sic) from his subordinates and advocates appearing in his court,” the memorandum states.
Submissions by Chaturvedi
To support his version of the events, Chaturvedi had procured statements from his reader, personal assistant and some advocates practising in the court complex.
According to the memorandum, Chaturvedi exceeded his position when he obtained the call data records of a “female employee working in Chamoli courts”.
In his response, Chaturvedi admitted to obtaining the call records of the said person and enclosed the communication issued by him on July 14 to the superintendent of police (SP), Chamoli for the purpose.
Since the communication to the SP to obtain call records was sent after Chaturvedi was issued a show-cause notice on July 11, the registrar general has observed that “he (Chaturvedi) was only required to explain his conduct, and it was not for him to conduct an enquiry into the issue; who made recordings and why.”
The above conduct “deserves to be inquired into as misuse or abuse of official position constituting misconduct.”
Court’s Order
Concluding that Chaturvedi has not satisfactorily explained his conduct, the high court has decided to initiate an enquiry under the Uttarakhand Government Servant (Discipline And Appeal) Rules, 2003.
Under Rule 7 of the 2003 Rules, whenever a disciplinary authority is of the opinion that there are grounds to inquire into a charge of misconduct or misbehaviour against a government servant, an inquiry may be conducted.
According to the Rule, the facts constituting the misconduct shall be reduced in the form of a chargesheet signed by the disciplinary authority.
The office memorandum issued in the present cases serves this purpose.
During the period of suspension, Chaturvedi will “remain attached” to the office of district and sessions judge, Champawat and will get a subsistence allowance, the memorandum states.
Announcing his replacement in a notification issued earlier today, the high court appointed judge Dharam Singh as district and sessions judge, Chamoli with immediate effect.
