The High Court of Karnataka has reinstated a Judge who was dismissed from service on allegations of wrong judicial orders.
“We have no hesitation that allegations made against the appellant could not have been subject matter of departmental inquiry,” the bench comprising of Justice L Narayana Swamy and Justice R Devdas said in their judgement on Aug 2.
Judge M Narasimha Prasad was kept under suspension in 2005 and later dismissed from service after a departmental enquiry. Complaints against the Judge was filed by two Advocates about procedural lapses and wrong conclusion and judgement.
The Judge had initiated action against the two Advocates earlier for Contempt of Court. One of them who is an assistant PP had apologized and the other lawyer was condemned by the Advocates Association. All this happened while he was playing his part as a Civil Judge (Junior Division) at Heggadadevanakote from a period of 2001 & 2003.
On the basis of complaints that alleged above, among other things, passing order of temporary injunction without compliance of Section 80 of CPC, issuing NBW to witnesses without any reason and properties released to accused in a forest offence without hearing the prosecution, a total of 11 charges were framed and 4 enquiries initiated against him.
He was found guilty in the enquiry so conducted and thereafter dismissed from service as action o him. The Governor confirmed for his dismissal. A single Judge bench of the High Court upheld the decision in 2012.
The Judgement of the Division Bench last week though put the blame on the Registrar.The Court also questioned the manner in which the inquiry was conducted. It said, “Different departmental inquiries are initiated and bout 15 charges are framed, different prosecution witnesses and number of documents and common inquiry officer to deal with and inquiry officer virtually prevented the appellant from effectively defending the case.”
The Bench also suggested that only people with administrative knowledge should be appointed as Registrars.
The High Court mentioned that the Judge was made to suffer without any mistake on his part.
The judgement has been passed by Justice L.Narayana Swamy and Justice R. Devdas on 22-08-2019.
