Compensatory Jurisprudence of Constitutional Courts X

During the period 15.06.1992 to 12.06.1994, Judicial Officer, Yogesh M. Vyas, was working as a Civil Judge (JD) and JMFC, Visnagar. There were allegations of corruption against him. The High Court had come to the conclusion that no charge of corruption was made out. Since, Justice Vyas had already been out of the job for eight years and was aged about 53 years, the Division Bench considered he should not be brought back to service after such a long time. SC in Yogesh M. Vyas v. Registrar, High Court of Gujarat, [Civil Appeal No. 4514 of 2010] was not inclined to agree. The honour and dignity of Justice Vyas required that he should be brought back; he had not committed any act unbecoming of a Judicial Officer.

Unfortunately, we cannot do so because now he has already passed the age of superannuation. We are of the considered view that since Justice Vyas has not worked during all these years and this will lead to another round of litigation to decide what he was earning during this period, in lieu of awarding him back-wages, we direct that a lump-sum amount of Rs. 20 Lakhs be paid. This amount is to be paid within six months from today, failing which it shall carry interest at the rate of 9% per annum.”