J&K High Court upholds dismissal of judge accused of taking ₹7.5 lakh bribe

The Jammu & Kashmir and Ladakh High Court recently upheld the dismissal of a judicial officer who was accused of taking money from three people by promising them jobs in the judiciary [Naveen Jamwal v High Court of J&K and Ladakh]

A Division Bench of Justice Rajnesh Oswal and Justice Sanjay Parihar said the allegations of accepting money on the promise of securing public employment strike at the very root of judicial probity and erode public faith in the justice delivery system.

Once such misconduct is established in a disciplinary inquiry, the High Court is not only empowered but duty-bound to maintain purity of the judicial service by recommending appropriate disciplinary action, the Court said.

“The credibility of the judicial institution rests not merely upon the correctness of judicial decisions but equally upon the character and rectitude of those who man it,” the Court added in the judgment delivered on July 31.

It was dealing with a petition moved by former civil judge Naveen Jamwal who was dismissed from the judicial service in 2022 by the State government on the recommendation of the High Court.

While Jawmal was posted in Doda in 2015, it was alleged that he induced three persons to pay him ₹2.50 lakh each on the assurance that he would secure their appointment by influencing senior officers of the High Court and members of the selection committee responsible for recruitment to class IV posts.

Following a complaint, the High Court conducted an inquiry into the allegations. In a report dated August 24, 2021, the enquiry officer found all the charges proved against Jamwal.

The High Court then recommended his dismissal.

Challenging the decision, Jamwal claimed that he remained unaware of the disciplinary proceedings throughout the inquiry as no notice was ever issued to him.

However, the Court found that despite service of notice, Jamwal did not appear before the enquiry officer and thus the proceedings were held ex-parte. It also noted that two show-cause notices were issued to him before he was dismissed from service. 

“The record unmistakably demonstrates that the petitioner was duly served with the memorandum of charges, notices issued during the disciplinary proceedings, and the show-cause notices proposing the major penalty,” the Bench said.

Further, the Court observed that the complainants in their statements had consistently maintained that Jamwal induced each of them to pay ₹2.50 lakh on the assurance of securing appointments and when they demanded refund of the money on non-fulfilment of the assurance, he either refused to recognise them or threatened them.

The Court also said Jamwal in his petition had not denied the allegations against him. It rejected his contention that he was denied the right to cross-examine the complainants.

“The record unmistakably demonstrates that the petitioner, despite due service and repeated opportunities, chose not to participate in the departmental inquiry. Having voluntarily abstained from the proceedings, he forfeited his right to cross-examine the witnesses,” it said.

The Court concluded that the disciplinary proceedings were conducted strictly in accordance with the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956.

Hence, it dismissed the plea. 

Senior Advocate Surinder Kour with advocate Manpreet Kour represented the petitioner.

Advocate Aditya Gupta represented the High Court.

Senior Advocate Monika Kohli appeared for the State. 

[Read Judgment]