Uttarakhand High Court has set aside the dismissal of Civil Judge Deepali Sharma, ordering her full reinstatement with continuity of service and seniority. The bench found “substantial deficiencies in the inquiry” into allegations of forcing a minor girl into domestic work.
The Uttarakhand High Court set-aside the dismissal of Civil Judge (Senior Division) Deepali Sharma, ordering her reinstatement along with the continuity of her service and seniority.
The termination was based on allegations that Sharma kept a 14-year-old girl at her home, forced her to do domestic work, neglected her health, and inflicted physical harm.
However, the division bench, consisting of Chief Justice G. Narendar and Justice Subhash Upadhyay, reviewed the entire case file and identified substantial deficiencies in the inquiry.
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The court highlighted that both the girl, who was the key witness, and her father denied the allegations against Sharma, affirming that she treated the girl well.
It instructed that it shall be considered as though she was never removed from her position, entitling her to 50% of back benefits during the intervening period, without affecting her seniority.
The case originated from an anonymous complaint in 2018, leading to an inquiry that resulted in a full court decision to terminate Sharma’s employment, further solidified by a government order.
In November 2020, this resolution, passed by a bench of nine judges, along with the government directive, was challenged in the high court.
The allegations suggested that during her tenure as Civil Judge (Senior Division) in Haridwar, Sharma had kept a minor girl at her residence, making her perform domestic tasks and neglecting her well-being.
The court noted that during a raid on Sharma’s official residence in Judges’ Colony, Haridwar, in 2018, there was no evidence that the then Chief Justice K. M. Joseph had authorized it, nor was any such approval recorded.
Additionally, despite the proximity of several judges, no witnesses came forward to confirm any misconduct, prompting the bench to question the necessity of deploying 18-20 officials for a raid on a female judicial officer’s home.
Furthermore, the court concluded that the charges against Sharma did not pertain to the allegations of keeping a minor or employing child labor; rather, they were presented under the Uttarakhand Government Servants Rules, 2002, focusing on her integrity and conduct at work.
Notably, the specific rule concerning child labor for domestic work was not invoked.
Consequently, the high court quashed the full court resolution dated October 14, 2020, along with the subsequent government termination order, reinstating Judge Sharma with full seniority and partial service benefits.
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