The Delhi High Court rejected a review of the decision upholding the suspension of a retired judicial officer and former Presiding Officer of the Debts Recovery Tribunal (DRT)-II, Chandigarh, MM Dhonchak [M M Dhonchak v. Union of India].
In the verdict delivered on October 16, the Division Bench of Justices Vivek Chaudhary and Tejas Karia observed that there is no error apparent on the face of the record warranting review of the orders upholding the suspension.
"The Appellant [Dhonchak] has failed to establish any error apparent on the face of the record or any other ground for review. The Review Petition merely seeks reconsideration of findings already rendered in the Judgment, which is impermissible."
The suspension, initially imposed on February 13, 2024, was extended until May 8, 2025, pending an inquiry into allegations of misconduct against the judge.
Dhonchak was hailed as an 'activist judge' while serving in the district judiciary, and retired from service in 2021. He was appointed as the Presiding Officer of DRT-II Chandigarh on February 20, 2022. His tenure was marred by complaints from the DRT Bar Association, Chandigarh, which accused him of misconduct. The complaints were referred to the Chairperson of the Debts Recovery Appellate Tribunal (DRAT), Delhi, who oversees DRTs.
The situation escalated when the Bar Association abstained from work and filed a writ petition in the Punjab and Haryana High Court, alleging adverse orders passed by him. In October 2023, the High Court noted a strained relationship between Dhonchak and the Bar Association and restrained him from passing adverse orders in pending cases.
Following this, Dhonchak filed a Special Leave Petition (SLP) in the Supreme Court, which left the matter to the DRAT Chairman. A preliminary report dated July 10, 2023 led to the formation of a Search-cum-Selection Committee (SCSC), which recommended an inquiry by former Chief Justice of the Jharkhand High Court Virender Singh.
On February 13, 2024, Dhonchak was suspended based on the SCSC’s recommendation. His suspension was initially extended for 180 days on May 13, 2024 and again on November 5, 2024, following a review by the Suspension Review Committee (SRC).
The Delhi High Court rejected his writ petition challenging the suspension in September 2025. Thereafter, it dismissed the appeal in August 2026.
Dhonchak was seeking a review of these decisions stating that there were errors apparent on the face of the record.
The Court dismissed the grounds for seeking review. It observed that there was no instance of non-consideration of his pleadings and written arguments in the judgment. It stated that there was no failure to address his claim for enhanced subsistence allowance, since he had not sought for the relief.
Dhonchak was represented by Advocate Balraj Singh Malik.
The Central government was represented by CGSC Pratima Lakra and Shailendra Kumar Mishra.
[Read Judgment]