The Supreme Court on 3rd Sept, 2019 awarded Rs. 20 Lakh to a former judicial officer who was compulsory retired from service on allegation of corruption.
Penalty of compulsory retirement was imposed on Yogesh M. Vyas while he was working as Civil Judge (JD) and JMFC, Visnagar. It was alleged that he had granted seven bail orders against the provision of law. The appellant was visited with the penalty of compulsory retirement on the basis of the report submitted against him.
The appellant filed a writ petition before the Gujarat High Court challenging the same. It was found that no charge of corruption was made out against the appellant. Despite the same, relief was denied on the ground that the appellant had already been out of job for eight years and he was aged about 53 years, he should not be brought back in service after such a long time.
The order was passed by a bench of Justice Deepak Gupta and Justice Aniruddha Bose.
The Supreme Court noted, ”A bare perusal of these two paragraphs clearly shows that the Division Bench of the High Court itself was aware that no case for imposing punishment was made out. It appears that the High Court was of the view that since the present appellant had already been out of job for eight years and he was aged about 53 years, he should not be brought back in service after such a long time. We are not inclined to agree with this view of the High Court. Once the High Court held that the charges had not been proved against the appellant, who was a judicial officer, his honour and dignity required that he should be brought back into the service. We hold that the appellant has not committed any act unbecoming of a judicial officer. Unfortunately, we cannot do so because now he has already passed the age of superannuation.
We are of the considered view that since the appellant has not worked during all these years and this will lead to another round of litigation to decide what 4 he was earning during this period, in lieu of awarding him back-wages, we direct that a lump-sum amount of Rs.20 lakhs be paid to the appellant. This amount to be paid within six months from today, failing which it shall carry interest at the rate of 9% per annum.”