SC Orders 20 Lakhs Compensation To Compulsorily Retired Judicial Officer [Read Order]

Penalty of compulsory retirement was imposed on Yogesh M. Vyas while he was working as Civil Judge (JD) and JMFC, Visnagar. Allegations against him were of granting bail orders illegally and corruption.

He moved High court by filing a writ petition and it was found that no case for imposing punishment was made out against him. However, relief was denied on the ground that he 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.

In the appeal filed by him, the bench comprising of Justice Deepak Gupta and Justice Aniruddha Bose disapproved with this approach and said:

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. Therefore, the only issue is how should the relief be molded? Should he be granted the entire back-wages with interest or can one lump-sum amount be granted as compensation?

The bench then directed that a lump-sum amount of Rs.20 lakhs be paid to him within six months.

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