The Uttarakhand High Court ordered reinstatement of judicial officer Deepali Sharma, dismissed in 2020 over child domestic help abuse allegations. The bench held the case lacked foundation, calling it a carefully crafted structure without evidence, while granting her relief.
UTTARAKHAND: The Uttarakhand High Court has recently ordered the reinstatement of a judicial officer dismissed in 2020 over allegations that she employed a 17-year-old girl as domestic help and subjected her to physical and mental abuse.
A bench comprised of Chief Justice G Narendar and Justice Subhash Upadhyay stated that the case against Civil Judge (Senior Division) Deepali Sharma was not merely one of “no evidence,” but represented “a carefully crafted edifice without a foundation.”
The bench, in their verdict, remarked,
“It could also be termed as a mountain made out of a molehill,”
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The court criticized the judicial officers involved in the inquiry against Sharma, calling their approach “shocking” given their training as judicial officers.
The bench added.
“It is alarming because all the persons involved are trained judicial officers,”
The court highlighted significant flaws in the medical examination of the alleged victim.
It noted,
“The lapses, more particularly, the omission to have the medical certificate spoken through a qualified doctor leaves us aghast.”
Additionally, the court pointed out shortcomings within the High Court administration, previously led by Chief Justice KM Joseph, who later ascended to the Supreme Court. The court stated that the complaint and evidence against the judicial officer should have been presented to the Chief Justice.
The court emphasized,
“It is apparent that electronic mode of communication has been claimed to have been predominantly used, even to the extent of getting the concurrence of the then Hon’ble Chief Justice for issuing an order of suspension. If that be so, it was imperative that proof of the same ought to have been placed, more so when the petitioner was questioning the authenticity of the orders claimed to have been passed by the then Hon’ble Chief Justice,”
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The court also criticized the High Court for failing to provide Sharma with the documents relied upon by the Inquiry Officer.
It stated,
“What really startled us and engaged our curiosity and compelled us to look deeper was the 660 paragraphs on 356 pages of a gargantuan inquiry report in respect of a simple issue of ‘employing a minor as a domestic help,’”
The court expressed astonishment regarding the manner in which the civil judge’s residence was raided, involving a large police presence and two videographers.
The bench remarked,
“If such diligent efforts had been taken, probably, a few terrorists could have been arrested. The manner and method raises questions and leaves us wondering whether it is a case of overkill or motivated? The questioning of the victim/minor child was done outside the house and in the open, which also leaves us wondering whether it was aimed at shaming the petitioner. So much is said about the clothing that the minor child wore, yet the entire exercise has been carried out in the open during a winter month, and a mere glance at the transcription is sufficient to demonstrate that the exercise was a lengthy one,”
The court criticized the apparent intent behind such actions, suggesting it was meant to shame the judge rather than deliver justice, as video recordings were shared in the media. Consequently, the petitioner was publicly condemned, the judgment noted,
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The court stated,
“The officers concerned, in their attempt to demonstrate their holier-than-thou attitude, failed to recognize the harm that it had caused to the standing of the Institution in public. While we have serious reservations about the manner and method adopted by the District Judge, we have refrained from initiating any action at this distant point of time. Summoning a lady officer to the doorstep even for a purported inquiry, in our considered opinion, was belittling the post she held. This exercise not only belittled the individual involved but also the position she held, resulting in incalculable damage to the standing of the Institutions and leading to the petitioner being condemned and pronounced guilty even before the preliminary inquiry was completed,”
The court ordered that Sharma be deemed to have continued in service from the date of her dismissal and entitled to all consequential benefits, including seniority over those junior to her.
Regarding salary and other monetary benefits, the court ruled that, considering the time elapsed, it would be inequitable to require the State Exchequer to pay 100% of the arrears for work not performed. Therefore, the petitioner would receive 50% of all monetary benefits, including pay, which would be revised and re-fixed.
It is noteworthy that the criminal prosecution initiated by the State against Sharma was subsequently withdrawn.
Senior Advocates Rajendra Dobhal, along with Advocates Aditya Pratap Singh and Shubhang Dobhal, represented the judge, while Advocate Shobhit Saharia represented the High Court. Standing Counsel Gajendra Tripathi appeared on behalf of the State.
Case Title: Deepali Sharma v. State of Uttarakhand & another