JAIPUR: The Rajasthan High Court has annulled the dismissal of District Judge B D Saraswat, 13 years after his death, and ruled that the decision to terminate his services was based on “flawed and extraneous” evidence. The court directed that his family be granted full salary arrears, continuity of service, and pension benefits.
The case, which spanned 15 years, had been pursued first by Saraswat’s wife until her death and later by their son and daughter. A division bench of Justice Munnuri Laxman and Justice Bipin Gupta delivered the verdict on November 3, 2025, restoring the late judge’s service record and reputation.
Saraswat, who served as a Special Judge at the NDPS Court in Pratapgarh, was accused in 2004–05 of granting bail “for illegal considerations” after approving a third bail plea of an accused under the NDPS Act. Complainant advocate Ashok Kumar alleged that Saraswat had rejected two bail applications earlier but granted bail on February 24, 2005, when a third plea was filed by lawyer Kala Arya.
Following the complaint, the then Chief Justice ordered an inquiry in 2005, appointing Justice N.P. Gupta as the investigating officer. The inquiry report submitted in March 2009 found the charges proved. The Full Court accepted the report on February 2, 2010 and recommended Saraswat’s dismissal, which the State Government implemented on April 8, 2010.
Senior Advocate M S Singhvi, representing the family, argued that the judge’s written response to the charges was submitted on February 5, 2010, three days after the Full Court had already decided to dismiss him. The Governor, he said, failed to consider this reply, amounting to a “denial of natural justice.”
Justice Bipin Gupta, held that the inquiry report and the subsequent dismissal order were based on “flawed and extraneous” evidence. The bench set aside the Governor’s dismissal order and directed the restoration of all consequential benefits to the late judge’s family.
With this verdict, the High Court has effectively restored not only the late judge’s service record but also the honour that his family had fought for over a decade to reclaim.
