Karnataka High Court dismisses former judge's plea against compulsory retirement

The bench observed that the petitioner had not chosen to cross-examine the witnesses nor produced evidence on his behalf

By :  Legal Era
Update: 2022-06-30 12:15 GMT


Karnataka High Court dismisses former judge's plea against compulsory retirement

The bench observed that the petitioner had not chosen to cross-examine the witnesses nor produced evidence on his behalf

The Karnataka High Court has rejected the plea of Shivanand Laxman Anchi, a former civil judge who had questioned the order of compulsorily retiring him from judicial service.

Anchi was caught red-handed while signing the order sheets of the proceedings of his court with backdating even though he was absent on that day.

A native of Bailahongal in the Belagavi district, 39-year-old Anchi was appointed as a civil judge (junior division) in 2014. He was serving as an additional civil judge and judicial magistrate (first class) in Virajpet during 2019.

He was caught red-handed by the Principal Civil and Sessions Judge, Kodagu district while signing the orders sheets with backdating.

Justice P.S. Dinesh Kumar dismissed Anchi's petition that contended the punishment of compulsory retirement was disproportionate to the gravity of the charges.

The court observed, "To record the proceedings, which have not actually taken place, is anathema to sacrosanct court proceedings. Such conduct cannot be countenanced in the case of a judicial officer/judge. If this is permitted, there will be no sanctity for the proceedings. It is, therefore, imperative that strict action is taken."

"By instructing the bench clerk to prepare the order sheets of the previous day and by signing them on the following day, the petitioner has committed a serious dereliction of his duty," Justice Kumar ruled.

The petitioner was compulsorily retired from the service in March 2021 after an inquiry was held.

Some of the staff, attached to the court hall, had deposed that Anchi had not conducted the proceedings on 26 June 2019. But he had asked them to prepare the order sheets of the proceedings and signed them the next day with a backdate.

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