Judicial Officer's Threats to Sleep on Pavement, Intemperate Letters Against Chief Justice, and Refusal to Participate in Inquiry Lead to Termination
In a significant judgment dated October 9, 2026, the Gujarat High Court dismissed the challenge filed by Senior Civil Judge Asha Harishchandra Dave against her dismissal from service, upholding the penalty imposed by the Full Court after departmental inquiries found her guilty of serious misconduct and insubordination.
The case arose after the petitioner was transferred from Vadodara to Deesa and requested official judicial accommodation, which was not available. Instead of making her own arrangements for private accommodation-supported by House Rent Allowance-the petitioner allegedly threatened to spend nights on the pavement and in her car outside the court complex, insisting that the Principal District Judge requisition private accommodation through the Collector. This conduct was deemed wholly unbecoming of a judicial officer and a grave indiscipline that mocked the judiciary's dignity.
Further charges included creating controversy within the district court compound by refusing to leave and holding a grudge against the Principal District Judge, sending a letter to the Chief Justice and other Judges requesting the transfer of a sitting High Court Judge-a demand considered obnoxious and showing the petitioner's unfitness to hold judicial office-and writing a letter containing intemperate, discourteous, and undignified language against the Chief Justice.
Despite repeated opportunities, the petitioner did not participate in the departmental inquiries. She refused to sign pleas, declined legal assistance despite being granted free legal aid, and insisted on a personal meeting with the Chief Justice before participating, which was not a procedural requirement. The inquiry officers submitted detailed reports supported by oral, documentary, and video evidence establishing all charges. The Full Court accepted the inquiry findings and recommended dismissal, which was subsequently ratified by the State Government.
The Court emphasized that judicial officers receiving House Rent Allowance cannot insist on mandatory allotment of official quarters and must make their own arrangements if quarters are unavailable. Threatening to sleep on the pavement to draw public attention was held to undermine the judiciary's dignity and amounted to serious misconduct. The petitioner's letters calling for the transfer of a sitting High Court Judge and containing intemperate language against the Chief Justice were held to be the highest form of insubordination.
Rejecting the petitioner's contention of violation of natural justice, the Court noted that she consciously chose not to participate in the inquiries and therefore could not complain about the fairness of proceedings. The dismissal was held to be justified and necessary to maintain judicial discipline and integrity.
This judgment reinforces the standards expected of judicial officers in India and underscores that misconduct and insubordination will be met with strict disciplinary action, even dismissal, to protect the judiciary's dignity and functioning.
Bottom Line:
Departmental proceedings against judicial officer - Repeated acts of insubordination, unbecoming conduct, threat to sleep on pavement for want of official accommodation, insistence on requisition of private accommodation through Collector, letter seeking transfer recommendation against sitting Judge of High Court and intemperate letter against Chief Justice - Judicial officer failed to participate in inquiries despite repeated opportunities and permission for legal assistance - Dismissal from service held justified.
Statutory provision(s):
Service Law (Departmental Inquiry), Principles of Natural Justice, Judicial Discipline Rules, House Rent Allowance provisions for Judicial Officers
Asha Harishchandra Dave v. State of Gujarat, (Gujarat)(DB) : Law Finder Doc Id # 2994729
