Judges must act with dignity, shouldn’t indulge in behaviour affecting image of judiciary: Bombay HC

The petitioner had sought his reinstatement in the service with consequent benefits. The department had passed an order after a report was submitted by the principal district and sessions judge of Nandurbar.

A division bench of Justices Atul S Chandurkar and Jitendra S Jain passed a judgement in a plea by Aniruddha Ganesh Pathak (52) who was removed from the post citing alleged improper behaviour and coming to court in an inebriated state on several occasions. The bench held that “the impugned order cannot be said to be perverse or without any independent application of mind”.

“It is a universally accepted norm that judges and judicial officers must act with dignity and must not indulge in a conduct or behaviour which is likely to affect the image of judiciary or which is unbecoming of a judicial officer. If members of the judiciary indulge in a behaviour that is blameworthy or which is unbecoming of a judicial officer, the Writ Courts are not expected to intervene and grant relief to such a judicial officer,” the bench observed.

The bench referred to a past judgement of the Supreme Court in Nawal Singh vs State of Uttar Pradesh case, which held that judicial service cannot be treated as a service in the sense of employment.

The bench added, “Judges while discharging their functions exercise the sovereign judicial power of the state and hence standards expected to be maintained are of the highest nature.

Pathak was appointed as a civil judge junior division on March 19, 2010. During his tenure, he was posted at various districts till the date of his removal. Allegations were made against him for improper behaviour while presiding court, not following court timings and arriving in court in an inebriated state.

On February 17, 2017, the principal district and sessions judge, Nandurbar, filed a report to the Registrar General of the Bombay High Court on Pathak’s behaviour. In May 2017, the Jalgaon district judge, filed a discreet enquiry report in respect of complaints against the petitioner.

In 2018, the officials of Maharashtra Judicial Academy also filed a report on Pathak’s alleged inappropriate behaviour. Pathak was in January, 2022 informed about an impugned order directing his removal from the service under Maharashtra Civil Services (Discipline and Appeal) Rules, which prompted him to approach HC challenging the same.