A U KURESHI Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal has been filed against the impugned order of the High Court of Gujarat at Ahmedabad, dated July 25, 2006 which was passed in Special Civil Application No. 6164 of 2002, whereby the High Court has dismissed the said application.

(3.) The appellant was a Judicial Officer who joined the Gujarat Judicial Service in 1991 and was posted as Civil Judge (Junior Division) at the District Court, Bharuch. The High Court of Gujarat (respondent) received a complaint wherein it was alleged that a case bearing Criminal Case No. 2059/89 under the Gambling Act was listed for hearing in the appellant s Court and that the appellant had acquitted the accused and also returned the money seized from the accused from the scene of occurrence. On the basis of this complaint the respondent issued a charge-sheet to the appellant and the appellant submitted his reply. A departmental inquiry was initiated against the appellant and the concerned Inquiry officer submitted his report to the High Court of Gujarat stating that the charges levelled against the appellant had been proved. On the basis of this report, a show-cause notice was issued to the appellant. The appellant filed his reply to this show-cause notice. Dissatisfied with the appellant s reply, the High Court decided that it would be appropriate to dismiss the appellant from service. By letter dated October 25, 2001, the High Court of Gujarat recommended to the State Government that the appellant be dismissed from service and accordingly an order was passed.