Judicial Officer’s Dismissal Over Threat to Sleep on Pavement and Letters Seeking High Court Judge’s Transfer Upheld: Gujarat High Court

The Gujarat High Court has dismissed a petition filed by Asha Harishchandra Dave, a Senior Civil Judge, challenging her dismissal from service over allegations of misconduct and indiscipline. A division bench of Justice N. S. Sanjay Gowda and Justice J. L. Odedra delivered the judgment on October 9, 2026, in Special Civil Application No. 16429 of 2025.

The case originated in 2012, when Dave was transferred from Vadodara to Deesa as the 4th Additional Senior Civil Judge. After being informed that judicial quarters were unavailable, she was asked to arrange private accommodation.

The Court’s Findings

According to the judgment, Dave instead wrote to the Principal District Judge, Palanpur, seeking permission to spend the night on the pavement and asking that accommodation be arranged for her through the Collector. The incident led to disciplinary proceedings.

Two further inquiries concerned letters she sent to the High Court in 2013. One sought a recommendation to transfer a sitting High Court judge, while another contained language that the court found intemperate and discourteous towards the Chief Justice.

The court observed that “This conduct, by itself, would be proof of serious misconduct and would be sufficient to dismiss the petitioner from service.”

The judgment also noted that Dave had been given multiple opportunities to participate in the departmental inquiries and engage legal representation. However, she did not participate in the inquiries, and the charges were found proved on the basis of oral, documentary and video evidence.

Petitioner’s Arguments

Dave challenged the disciplinary proceedings, arguing that they violated the principles of natural justice and did not provide her a fair opportunity to defend herself. Her counsel relied on several Supreme Court judgments to support the challenge.

Counsel appearing for the High Court argued that she had been given sufficient opportunities and had repeatedly taken steps that prevented the inquiries from proceeding.

Final Decision

The bench held that the conduct established in the inquiries was incompatible with the responsibilities of a judicial officer. It also noted that judicial officers could receive House Rent Allowance when government quarters were unavailable and that there was no rule requiring that accommodation must always be provided.

Finding no reason to interfere with the dismissal orders, the Gujarat High Court dismissed Dave’s petition on October 9, 2026.

Case Details

Case Title: Asha Harishchandra Dave vs State of Gujarat & Anr.

Case Number: R/Special Civil Application No. 16429 of 2025

Judge or Bench: Justice N. S. Sanjay Gowda and Justice J. L. Odedra

Decision Date: October 9, 2026