The Gujarat High Court has ordered the reinstatement of a sacked civil judge and judicial magistrate, Kamlesh Alwani, eight years after an internal inquiry found him guilty of professional misconduct and uncivilized behaviour. Inducted into the judiciary in 2005, Mr. Alwani hit the headlines in 2016, when four of his subordinates claimed that the judge gave them electric shocks. The internal disciplinary authority was probing him for 22 other charges too at the same time. Following the inquiry, Kamlesh Alwani was imposed a heavy penalty, and his services were terminated.
The Bench of Justice Biren Vaishnav and Justice Nisha Thakore pointed out that the inquiry concluded faultily. The judges concurred with the argument presented by Alwani’s advocate that the allegation of torture, made by four subordinate employees was not substantiated by expert opinion.
Peons Deva Bhalani, M H Joshi, and PC Joshi, and watchman Tanvir Meer had alleged that the judge inflicted electric shock on them using a tube-light starter. Vaibhav Vyas, the advocate of Alwani, argued that the inquiry panel chose to disregard the opinion of a deputy engineer of MGVCL ( Madhya Gujarat Vij Co. Ltd. ) who opined that electric shocks can not be given using tube-light starters.
The bench ordered the reinstatement of Kmalesh Alwani, finding that the grave charges of torture by inflicting electric shocks were unfounded. The court, however, imposed punishment for four other charges proved against him.
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