Gujarat High Court upholds dismissal of judge who refused to return to work until "rot" in judicial system was resolved

The Gujarat High Court recently upheld the dismissal of a magistrate who went on unauthorised leave after sending an "intemperate" letter to an administrative judge of the High Court and the principal district judge of Vadodara in 2013 [Nileshbhai Chauhan v. Registrar General]. .A Bench of Justices Biren Vaishnav and Nisha Thakore opined,"Viewing unauthorised absence of an ordinary employees may perceive a different perception. Similar standards cannot and should not be applied in case if Judicial Officer, who abandoned his service in defiance by addressing a letter that unless a particular issue is not resolved he shall not report to his work," the Bench underscored. .The Bench upheld the former judge's dismissal, opining that the report of the High Court has rightly recorded that his conduct was not befitting a judicial officer..The Court was hearing a plea by Nileshbhai Chauhan, a magistrate who took unauthorised leave from May 13, 2013 to July 11, 2013.He was on paid leave from April 24, 2013 till May 10, 2013. During his holidays, he noticed a news article about a sudden strike called by lawyers of Vadodara. He informed the principal district judge about the same and even personally met him in this regard. Subsequently, he wrote a letter using "intemperate" language against the principal district judge and the administrative judge of the High Court. In his letter, Chauhan is said to have remarked that the whole judicial system was facing a "rot" by virtue of elements such as the protesting lawyers. The letter further stated that the principal district judge and the High Court's administrative judge were directly or indirectly encouraging such elements and, in turn, the systematic destruction of the judicial system.Further, Chauhan also said that he would not report to work till the issue is resolved and took unauthorised leave from May 13 to July 11, 2013. .In 2015, he was dismissed from service for making baseless allegations and using undignified language against the High Court's administrative judge and the principal district judge at Vadodara, and for taking an unauthorised absence from duty..This decision was challenged by the former magistrate before the High Court in 2016. While dismissing his plea, the Court noted that a judicial officer may be justified in venting his anguish against the system. However, the Court criticised the manner in which Chauhan chose to do so in the present case. "Obviously, a judicial officer may be justified in venting his anguish against the system but in doing so the language used in the letter would indicate that he roped in the administrative judge of the High Court and the District Judge in saying that these elements were encouraging and co-operating in bringing such a systematic decline," the Court said. .Advocates Kamlesh Mehta and Mamta Vyas appeared for the petitioner (Chauhan). Assistant Government Pleader Mayank Chavda represented the State. Advocate Trusha Patel appeared for the Registrar General of the High Court..[Read Judgment]