ARUNDHATI ASHOK WALAVALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal was filed by the Appellant herein being aggrieved by the judgment and order passed by the Division Bench of the Bombay High Court dismissing the writ petition filed by the Appellant herein.

(2.) The issue that is sought to be raised in this appeal by the Appellant is whether the Disciplinary Authority was justified in imposing on the Appellant the punishment of compulsory retirement in terms of Rule 5(1)(vii) of the Maharashtra Civil Services (Discipline & Appeal) Rules, 1979 on the ground that the said Appellant-Magistrate was found travelling without ticket in a local train thrice and on each occasion, the behaviour of the said Appellant-Magistrate with the Railway staff in asserting that the Magistrates need not have a ticket was improper and constituted grave misconduct.

(3.) The allegation against the Appellant was that she had travelled without tickets on 21.2.1997, 13.5.1997 and also on 5.12.1997 when she was caught. The charges here not only related to such incidents of ticketless travelling but also about misusing her official identity card and for making unnecessary scene on the Railway platform and giving threats to the Railway staff which was considered to be misconduct unbecoming of a judicial officer as per Rule 3(iii) of the Maharashtra Civil Services Conduct Rules, 1979.