HC dismisses suspended judge Parmar’s plea

The Punjab and Haryana High Court has ruled that a delinquent judicial officer has no right to submit a written statement of defence or reply beyond the outer limit of 45 days. The assertion came as a Division Bench rejected a petition filed by suspended Additional District and Sessions Judge Sudhir Parmar seeking directions to file a reply to the chargesheet at a belated stage.

Dismissing Parmar’s petition, the Division Bench of Chief Justice Sheel Nagu and Justice HS Grewal said: “The petitioner has no right to seek further time to file written statement of defence after expiry of 45 days and more so when the employer had declined grant of extension of time for filing written statement of defence.”

The court held that the inquiry officer, instead of adjourning the proceedings repeatedly, ought to have proceeded ex-parte against Parmar on his failure to submit the written statement of defence within the stipulated period. The court categorically observed:

“There is no judicial order in this case restraining the inquiry officer or the disciplinary authority from proceeding ahead with the inquiry proceedings. Therefore, the act of the inquiry officer in granting adjournments liberally for the purpose of filing of written statement of defence is not appreciable,” the Bench asserted.

The court also directed the inquiry officer to conclude the disciplinary proceedings by submitting the inquiry report at the earliest. The high court on the administrative side was also asked to make its recommendations expeditiously.

The Bench made it clear that six months and 25 days was the outer limit for all current and future disciplinary proceedings, while warning that punitive action would be taken against the inquiry officer or any other erring personnel of the high court in case of failure to adhere to the timeline.

Referring to the rules, the Bench said the 45-day period for Parmar commenced on July 24, 2023, when the chargesheet was served, and considering his judicial custody from August 10, 2023, to November 2, 2023, expired on December 1, 2023.

Parmar, a member of the Haryana Superior Judicial Services, was suspended on April 27, 2023, after the registration of an FIR under the Prevention of Corruption Act. The court noted that the disciplinary proceedings against Parmar were initiated on July 24, 2023, for the imposition of major penalty, and the examination of the last witness was conducted on May 23.

Haryana Tribune