The Punjab and Haryana High Court on Monday upheld the dismissal of a Civil Judge (Senior Division) for acting as a "mere puppet" in seven criminal complaints filed by his acquaintances [Pradeep Synghal v State of Punjab and others]..The Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel found that the judicial officer Pradeep Synghal had issued summons in criminal complaints of Pankaj Mittal and Vikas Mittal without adhering to the mandatory provisions of Section 202 of the Code of Criminal Procedure."This fact assumes significance in light of the fact that the complainants were listed as Facebook friends of the petitioner, and records indicate telephonic communications between them and the petitioner," the Bench observed. The Court also took note of the testimony of the process server who said that under "verbal instructions and intimidation" of Synghal, he had to travel to Nasik, Maharashtra to serve the summons.Thus, it concluded that the imputation of misconduct against Synghal was well-founded and not without material on record..Synghal had moved the High Court last year to challenge his dismissal from service. He had qualified the Punjab Civil Services (Judicial) Examination in 2011. In 2016, he was promoted as Civil Judge (Senior Division) from Civil Judge (Junior Division).He was placed under suspension in 2020 on the basis of a fact-finding inquiry into the complaints against him. A year later, a formal process was initiated and a chargesheet was issued to him with following allegations:.1. Synghal had in collusion with Pankaj Mittal and Vikas Mittal, entertained and adjudicated upon seven criminal complaints of a similar nature, in a stereotypical and mechanical manner, without adhering to the mandatory statutory procedure. The complainants, being personally acquainted with Synghal, manipulated the territorial jurisdiction by fabricating the alleged incidents within the jurisdiction of his Court at Jagraon. It was alleged that Synghal abused judicial discretion, acted as a mere puppet in the hands of these complainants to facilitate their ulterior motives and effectively assumed the role of their de facto recovery agent.2. In gross misuse of his officials position and in violation of procedural mandate, Synghal in these cases deputed process servers to Maharashtra and Bihar. The same was done to extend undue advantage to the complainants.3. The receipt book of the challans maintained in the office of the Nazar, Sub-Divisional Courts, Jagraon, which fell directly under the supervisory control of Synghal, was not properly maintained. It was alleged that possibility of embezzlement could not be entirely ruled out. Synghal had allegedly failed to report these grave discrepancies to the competent authorities.4. It was also alleged that Synghal had summoned a process server with the intent to intimidate and coerce him into silence. .The Inquiry Officer in 2023 found charges 1, 2 and 4 duly substantiated against Synghal. The High Court Vigilance Committee later accepted the inquiry Report, paving the way for dismissal of Synghal.Challenging the decision, Synghal claimed that he had discharged his judicial functions with utmost rectitude and impartiality, which incurred the displeasure of certain local advocates and litigants and led to filing of frivolous complaints. He also argued there was no cogent and legally sustainable evidence on record against him..However, the Court rejected the argument that the findings of the Inquiry Officer were devoid of evidentiary support or that conclusion of guilt was based on mere conjecture and surmise."It is abundantly clear that the disciplinary proceedings against the petitioner were conducted strictly in accordance with law, procedural due process was adhered to, and the petitioner was afforded ample opportunity to defend himself," the Court concluded, while dismissing the plea..Senior Advocate Vijay Kumar Jindal with advocates R Kartikeya, Pankaj Gautam and Abhishek Shukla appeared for Synghal.Senior Deputy Advocate General Salil Sabhlok represented State of Punjab.Senior Advocate Gaurav Chopra with advocates Ranjeet Singh Kalra and Seerat appeared for the High Court..[Read Judgment]
