Judge dismissed for paying 65 less towards taxi fare

22 Yrs On, He Moves SC Fighting For Adequate Pension

The judiciary’s efforts to clamp down on corruption may seem to have slackened with those who allegedly siphoned off crores of rupees from the PF accounts in Ghaziabad district court continuing to enjoy office but in 1988, a Gujarat chief judicial magistrate was dismissed from service for paying Rs 65 less towards taxi fare while on a private visit with family.

The judge, P N Bavishi, has now approached the Supreme Court. A bench comprising Justices J M Panchal and C K Prasad admitted his petition after hearing his counsel Haresh Raichura narrate a nearly two-decade fight by the judicial officer for proper pension, which he claimed the state government had refused to give.

Bavishi, who joined judicial service in 1963, was working as CJM Junagadh in 1981 when he took his family on a private trip to various places and the taxi bill came to Rs 120. But he allegedly paid Rs 55 to the taxi operator, who then complained to the HC.

The HC termed this a grave misconduct on the part of a judicial officer as he allegedly misused his official position to pay less to the taxi operator and ordered Bavishi’s dismissal. He challenged this administrative order on the judicial side.

During the hearing in SC, the government counsel said the HC, on the administrative side, agreed to permit the petitioner to retire voluntarily from service from the date of his removal if he made an application to this effect. Bavishi withdrew the petition and made an application for voluntary retirement as was suggested.

The HC recommended his case. The government accepted the same and cancelled its earlier notification dismissing Bavishi from service. However, it refused Bavishi the benefit of weightage of additional service as was granted to others according to government rules.

Since his voluntary retirement in 1992, Bavishi has been fighting for consideration of weightage of his service while fixing pension. The HC rejected his plea but the SC has now agreed to hear his case.

Bavishi’s main plea was that once the HC accepted his request and recommended his case for voluntary retirement, the state government could not overreach this order.

Source:- The Times of India,25 August 2010 Delhi Page No 19