Karnataka High Court upholds compulsory retirement of civil judge for threatening police

The Karnataka High Court recently upheld the decision to compulsorily retire a civil judge accused of interfering with a police investigation by threatening the police [KM Gangadhar v State of Karnataka and Anr]..The civil judge had challenged the October 2012 decision directing his compulsory retirement, which was imposed after an enquiry found him guilty of threatening a police inspector. After a single judge dismissed his plea, the civil judge (appellant) moved an appeal before a Division Bench of the High Court. On August 19, the Bench of Chief Justice Vibhu Bakhru and Justice CM Joshi dismissed this appeal on finding that there was no infirmity with the disciplinary action taken against the appellant. .The Court pointed out that it cannot interfere in such matters unless it is shown that there was some illegality, violation of natural justice principles, or malafides in making the decision, or that it was triggered by irrelevant factors, or unless the disciplinary action was perverse, unreasonable, or disproportionate. No such ground was made out in this case, the Court held while dismissing the former civil judge's appeal."We find no infirmity with either the procedure adopted nor find that the punishment imposed is highly disproportionate," it said. .The appellant before the Court, KM Gangadhar, had joined the judicial service in 1995 and was later promoted as Civil Judge (Senior Division).He was penalised following allegations by one, Dr. B Indumathi, who claimed that the civil judge had interfered in a police investigation in relation to a complaint filed by Dr. Indumathi against the judge's sister. Dr. Indumathi claimed that the civil judge threatened police officials with dire consequences if they were to summon his sister to the police station. An enquiry was conducted into these allegations, during which the complainant and a police inspector testified. The charges were held to be proved. Based on these enquiry findings, a penalty of compulsory retirement was imposed on the civil judge under the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957..The appellant-judge denied having threatened the police. He argued that he had merely called the police station to request officials not to harass his sister.However, the disciplinary authority rejected this claim, noting that there was evidence to indicate that he had, in fact, threatened the police during the investigation. It concluded that he had abused and intimidated the police during a phone call lasting 10 to 15 minutes on August 20, 2007, leading to his compulsory retirement from service. .The High Court has now upheld this decision.Advocate Rajashekar S appeared for the appellant.Government Advocate KS Harish appeared for the Karnataka government while Advocate Suhas G appeared for the High Court administration..[Read Judgment]