"Repeated False Allegations & Criminal Case Filed Through Wife Against Chief Justice, Senior Judges": Chhattisgarh HC Upholds Dismissal of Judicial Officer

The Chhattisgarh High Court has upheld the dismissal of a judicial officer, while observing that his repeated false and malicious allegations against senior judges and judicial officers, along with a criminal case filed by him through his wife against the Chief Justice, senior judges, and other officials, compelled the recommendation of his dismissal under Article 311(2).

Upholding the dismissal of a judicial officer, the Bench of Chief Justice Ramesh Sinha and Justice Parth Prateem Sahu observed that, "it is not one act on the part of the petitioner which has forced the Full Court of the High Court to recommend dismissal of the petitioner invoking Article 311(2), rather it is a case where there are a series of correspondences repeatedly casting serious insinuations, making unscrupulous allegations and obnoxious comments all of which are false, scurrilous and malicious against the Chief Justice of the High Court, as also the senior Judges of the High Court, so also against the senior Judicial Officers in the Higher Judicial Service, as also against the colleagues in the Lower Judicial service, which has compelled the High Court to take such a stand. In addition, the petitioner also has filed a criminal case against sitting MLAs, senior IPS officers of the State and to make things worst he lastly also got a criminal case filed, through his wife making the Chief Justice of the High Court and also one of the senior most Judges of the High Court and also various other high ranking officials in the State as accused persons."

Prabhakar Gwal, a judicial officer in Chhattisgarh, was dismissed from service after the Full Court recommended his dismissal without an inquiry. The decision was based on Gwal's actions, where he, through his wife, filed a criminal case against several individuals, including the then Chief Justice and a senior judge of the High Court. Gwal challenged his dismissal before the High Court, but in August 2020, a Single Judge dismissed his writ petition. The judge observed that Article 311(2) applied, as Gwal had deliberately acted with knowledge of the consequences.

Gwal then appealed the Single Judge's decision to a Division Bench. His counsel argued that the Single Judge had misinterpreted Article 311 of the Constitution and acted contrary to established legal principles. It was also alleged that the Single Judge's decision was influenced by a desire to please a current Supreme Court Justice, against whom Gwal's wife had filed a complaint, and to secure a promotion. Furthermore, it was contended that the Single Judge had acted improperly by participating in the Full Court Meeting that recommended Gwal's dismissal and then presiding over his writ petition. The appeal also pointed out that the Single Judge's failure to question the absence of a departmental inquiry and withholding of documents indicated bias and a lack of impartiality.

The High Court observed that the appellant, a judicial officer, repeatedly made negative remarks about colleagues and superiors, sent unauthorized representations to the Chief Justice of India, and filed a criminal complaint against several senior officials, including judges and police officers. Despite having faced penalties in the past, such as a stoppage of increment, his continued misconduct prompted the High Court to recommend his dismissal under Article 311(2)(b) of the Constitution, reflecting his unsuitability for the position.

In light of the same, the Court held that, "there were sufficient germane reasons available on records, which led to the Full Court recommending the dismissal of the appellant invoking under Article 311(2)(b) of the Constitution of India, dispensing with the departmental enquiry and further, the learned Single Judge has not committed any illegality, irregularity or jurisdictional error in the impugned order warranting interference by this Court."

Cause Title: Prabhakar Gwal vs State of Chhattisgarh & Anr. (Neutral Citation: 2024:CGHC:29469-DB)

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