s kin: Judge’s Kin Fight For His Salary, Pension | Ahmedabad News

Ahmedabad: The family of RR Jain, a judge at whose behest former IPS officer Sanjiv Bhatt and his subordinates allegedly accused a Rajasthani lawyer in a drug case, are fighting against the loss of salary and pension of the judge. The loss occurred due to the suspension of the judge after the start of a criminal case. The Rajasthani lawyer was involved in an NDPS (Narcotic Drugs and Psychotropic Substances) case in 1996 in Palanpur.
The bench of Judge Sonia Gokani and Judge HM Prachchhak of the Gujarat High Court on Tuesday heard the motion filed by the judge 11 years ago, some 26 years after the alleged criminal incident, 22 years after his suspension and three years after his death. The judge’s widow and daughter continued the litigation initiated by the judge in which he claimed the benefit of the recommendations of the Shetty Commission for judicial officers from 1996 and the resetting of his pension after 2008, and the payment of the difference with interest.
The HC administration fiercely opposes this plea. Records show that the judge was brought up in 1995 and transferred to Madras HC the following year. His post as a judge in the HC was not confirmed and was repatriated under the district judiciary in 1997. He was suspended in April 2020 from his position as senior judge of the Ahmedabad City Civil Court after that the Rajasthani lawyer, Sumersingh Rajpurohit, filed a complaint and a case of NDPS was filed in a special court in Jodhpur.
Later, a departmental investigation was opened against the judge for not having informed the CH of the criminal case. While the criminal case against him was stayed by the Supreme Court, the charge of failing to inform the HC of the criminal case was proven during the departmental investigation. In 2010, the HC administratively decided that his suspension should not be revoked and that he was not entitled to any pension benefits except subsistence allowance during the period of suspension. More than two decades after the development, the judge’s attorney presented a certificate issued by the HC that no departmental investigation was conducted against the judge and no decision was made against him either. In the meantime, the judge filed a petition with the HC in 2010 and the court ordered the payment of a gratuity. A year later, after the CH administrative decision that his suspension should not be revoked and that he should receive nothing other than living allowance during the suspension, he filed another plea.
Lawyers for the judge relied on various authorities that, with his retirement pension, his suspension should evaporate and after his death the criminal case had no consequences. Thus, say the lawyers, the suspension of the judge, the salary allowances and the revision of the pension should be reconsidered. The HC released a new hearing on June 13.
The Rajasthani lawyer’s drug plantation case became controversial after IPS officer Bhatt and his subordinates were arrested in 2018 following the HC’s order of an SIT investigation. Bhatt’s problems increased with his subordinate IB Vyas becoming an approver. The investigation revealed that the cops allegedly accused the lawyer of leaving a property belonging to the judge’s sister.