Judge accused of chasing staff, making lawyers do sit-ups dismissed
What's the story
The Madhya Pradesh High Court has upheld the dismissal of civil judge Kaustubh Khera, who is accused of making lawyers and cops touch their ears and do sit-ups as an apology.
The court found that his discharge was due to unsatisfactory performance during probation and not as a punitive measure.
The decision was taken by a Division Bench headed by Chief Justice Suresh Kumar Kait and Justice Vivek Jain.
Dismissal upheld
Court dismisses Khera's plea against dismissal
Khera was appointed a judicial officer in 2019 but was discharged on September 5, 2024. His discharge was recommended by the High Court Administrative Committee and ratified by the Full Court.
Challenging his dismissal, Khera had claimed it was punitive and done without inquiry, citing seven complaints against him.
The complaints against Khera included misbehavior with advocates, initiating contempt proceedings, and demanding apologies through ear-holding and sit-ups from lawyers and police personnel.
Misconduct allegations
Allegations against Khera included misconduct and fines
Other allegations included misbehavior with court staff, verbal abuse, and chasing staff members off their seats during court hours.
The court, however, held that Khera was not punished and his discharge order was not punitive in nature.
It noted that the termination order mentioned Khera's inability to carry out his probation period satisfactorily.
The court observed, "The impugned termination order simpliciter mentions that the petitioner was unable to carry out the probation period satisfactorily and successfully."
Petition dismissed
Court dismisses Khera's petition for termination
The court also clarified that taking punitive action for misconduct is different from assessing an officer's suitability based on their performance during the probation period.
It concluded by stating that Rule 11(c) of the MP Judicial Service Rules, 1994, empowers the High Court to recommend termination of services of judicial officers on probation for unsuitability.
Thus, Khera's petition was dismissed as devoid of merit.