Court Dismisses Petition Challenging Inquiry Initiation, Orders Contempt Proceedings for Scandalous Allegations
In a significant ruling, the Gujarat High Court has dismissed the petition filed by Girishkumar Rameshchandra Soni, an Additional District Judge, challenging the initiation of departmental proceedings against him. The court also directed the initiation of criminal contempt proceedings against Soni for scandalizing the judiciary.
The Division Bench comprising Justices N.S. Sanjay Gowda and J.L. Odedra delivered the verdict on May 8, 2026, in R/Special Civil Application No. 5112 of 2026. The petitioner sought the quashing of the departmental inquiry and his reinstatement, arguing that the initiation of the inquiry violated guidelines issued by the Ministry of Law and Justice. These guidelines mandate that complaints against judicial officers be accompanied by sworn affidavits and verifiable materials.
However, the court clarified that the disciplinary authority's power to initiate inquiries is independent and does not require a written complaint or affidavit. The court emphasized that the guidelines apply only to complaints by litigants against subordinate judiciary and do not restrict the statutory rules governing disciplinary proceedings.
The charges against Soni include allegations of improper conduct, such as developing intimate relations with an outsourced clerk, obstructing CCTV cameras, and using court resources for personal benefit. Despite the petitioner's claims of vague charges, the court held that such contentions should be raised before the Inquiry Officer.
In a surprising turn, the court noted that Soni filed written submissions containing scandalous statements against a senior judge, alleging undue influence over junior judges. The court deemed these statements as lowering the authority of the court and interfering with judicial proceedings. Consequently, the court ordered the initiation of criminal contempt proceedings against Soni.
The judgment underscores the judiciary's commitment to maintaining discipline within its ranks and its intolerance for actions that undermine its authority. The case will be listed for further proceedings on June 15, 2026, with the petitioner required to be present before the Division Bench handling contempt matters.
Bottom line:-
Departmental inquiry against judicial officer - Initiation of disciplinary proceedings does not require a written complaint with a sworn affidavit and verifiable material. Disciplinary authority can form an opinion based on information from various sources. Filing of written submissions scandalizing judiciary amounts to criminal contempt.
Statutory provision(s): Gujarat Judicial Service Rules, 2005, Rule 23; Gujarat Civil Services (Discipline and Appeal) Rules, 1971, Rule 9; Article 309 and 234 of the Constitution of India.
Girishkumar Rameshchandra Soni v. High Court Of Gujarat, (Gujarat)(DB) : Law Finder Doc id # 2900166
