The Gujarat High Court recently overturned the dismissal of a lower court judge and decided that a lesser penalty should be imposed for consuming tobacco and gutka in the courtroom and showing favoritism to a junior lawyer.

The Court dismissed major misconduct allegations, including claims of harassment of staff, as there was not enough evidence to support them. The Court emphasized that consuming such substances in the courtroom is unacceptable and harms the court's dignity.

The judge, who was appointed as a Civil Judge and Judicial Magistrate in 2005, faced allegations of misconduct during his time in Vadodara between 2007 and 2009. After an inquiry, he was suspended in 2012, and a chargesheet with 23 allegations was issued. 14 of these charges were partly or fully proven, leading to his dismissal in 2016. The judge challenged this decision before the High Court.

His lawyers argued that the charges weren’t serious enough for dismissal and that there wasn’t enough evidence. They also claimed the penalty was too harsh.

The Gujarat High Court acknowledged that judicial officers have an important constitutional role. The bench, led by Justice Biren Vaishnav and Justice Nisha Thakore, said that consuming tobacco and gutka in court was a serious breach of court decorum but noted that the staff harassment charges lacked evidence and should be dismissed.

On January 31, 2025, the Court clarified its order, explaining that the authorities should impose a penalty other than dismissal in line with the rules.

In the end, the High Court ordered the judge’s reinstatement and instructed the authorities to impose a lesser penalty, removing the dismissal while holding him accountable for the proven charges.