Judge Kamlesh Alwani is back into service after eight years of suspension over charges, including the infliction of electric shocks on court staff "in order to get sadistic pleasure and to physically harass them on the court premises". This case involved a civil judge and judicial magistrate first class who was inducted into judicial service in 2005.
Alwani's services were terminated in 2016 after an inquiry and disciplinary proceedings. When he was suspended in 2012, various charges were slapped on him. During the investigation, the vigilance officer found that the judge had allegedly administered electric shocks using a tube light starter to four employees of the court in Savli. The staffers - peons Deva Bhalani, M H Joshi P C Joshi and watchman Tanvir Meer.
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The inquiry report was submitted to the disciplinary authority in 2014 with the finding that he was guilty of torturing the court staffers. As this conduct was unbecoming of a judicial officer, the high court imposed a major penalty on him and his services were terminated in 2016.
He challenged the decision of the HC's administrative side through advocate Vaibhav Vyas, who argued that many charges were not substantiated, including that of torturing the court staffers. He argued that the inquiry officer relied only on the statements of witnesses and ignored the expert opinion of a deputy engineer of Madhya Gujarat Vij Co Ltd (MGVCL), who said that electric shocks could not be administered in the way the victims were claiming. The lawyer submitted that the inquiry officer overlooked the expert opinion and wrongly held the judge guilty of such a serious charge.
After hearing the case, the bench of Justice Biren Vaishnav and Justice Nisha Thakore found the inquiry officer's conclusion faulty on the allegations of torture and quashed the charge. The bench found the sacking of the judge improper and ordered his reinstatement. The court also ordered the imposition of punishment other than termination for the four other charges proved against him.