Suspended Judicial Officer Who Allegedly Favoured An Accused, Used His Vehicles Reinstated By Uttarakhand High Court

The Uttarakhand High Court has reinstated the then Civil Judge (Sr. Div.), Almora, Abhishek Kumar Srivastava, who was placed under suspension for allegedly using private vehicles belonging to an accused Chandra Mohan Sethi, for travelling purposes.

On February 22, the Uttarakhand High Court had suspended him and had attached him with the District Judgeship's headquarter Dehradun. Now, reinstating him, the Uttarakhand High Court has posted him as the 4th Additional Chief Judicial Magistrate, Dehradun.

The Notification (dated 28 May) issued by the High Court states:

"Shri Abhishek Kumar Srivastava, the then Civil Judge (Sr. Div.), Almora, who was placed under suspension vide Office-Memorandum No. 10/03-I/UHC/Vig./2021 dated 22.02.2021 and now he has been reinstated vide Office Memorandum No. 35/UHC/Admin.A/2021 dated 28.05.2021, is hereby posted as 4th Additional Chief Judicial Magistrate, Dehradun"

The primary allegation against him was that he and his family members have been using private vehicles belonging to accused Chandra Mohan Sethi, for travelling to the homes of his relatives in Delhi, Ghaziabad and Noida.

It may be noted that against accused Chandra Mohan Sethi (to whom the private vehicles, allegedly used by the Officer and his family members belong), a Criminal was pending in the Court of Civil Judge (Senior Division)/Judicial Magistrate, Almora, presided over by Abhishek Kumar Srivastava.

Importantly, the Office Memorandum (dated 22nd February) issued by the High Court had stated,

"Sri Abhishek Kumar Srivastava, Civil Judge (Senior Division)/Judicial Magistrate, Almora, against whom, a serious complaint has been received, on which, disciplinary proceeding is contemplated, is put under suspension with immediate effect."

It was also mentioned in the Memorandum that on perusal of record, it was found that he "is favouring the accused Mr. Chandra Mohan Sethi and for favouring him, separated his case without there being any reason."

Importantly, the Memorandum had further stated,

"That aforesaid act and conduct of Sri Abhishek Kumar Srivastava casts serious doubt upon his integrity, amounts to grave misconduct and is in violation of Rule 3(1), 3(2), and Rule 30 of the Uttarakhand Government Servants' Conduct Rules, 2002. Said conduct is unbecoming of a Judicial Officer."

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