YOGINATH D BAGDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has approached this Court against the judgment and order dated 21-6-1996 passed by the Bombay High Court which had dismissed the Writ Petition by which the appellant had challenged the order dated 8-11-1993 (20-11-1993) dismissing him from service after the disciplinary proceedings in which it was found that the appellant was guilty of the charges framed against him.

(2.) The appellant was appointed as Civil Judge, Jr. Division, on 18-2-1974 and was thereafter promoted as Civil Judge, Senior Division in August, 1983. He was further promoted as Addl. District and Sessions Judge in September, 1987.

(3.) In June, 1990, while the appellant was posted at Amravati, two Sessions Trials No. 28 of 1982 and 37 of 1987, in which one Deepak Trimbakrao Deshmukh, on whose complaint appellant was ultimately dismissed from service, was involved as an accused. Both the cases related to a murder in which the appellant had refused long adjournment on the ground that the matters were old. In July, 1990, the accused Deepak Trimbakrao Deshmukh filed a transfer petition before the Nagpur Bench of the Bombay High Court for the transfer of the case from the appellant's Court to some other Court on the ground that one Shri Patil, Advocate, who was opposed to Deepak Trimbakrao Deshmukh, was very close to the appellant and, therefore, Deepak Trimbakrao Deshmukh apprehended that he would not get justice from the appellant's Court. This was registered as Transfer Petition No. 701 of 1990. On 10th of August, 1990, the accused Deepak Trimbakrao Deshmukh filed another Transfer Petition (No. 812 of 1990) on the allegation that his Advocate (Shri Bapat) had assured him of his acquittal in the case, provided he would pay Rs. 20,000/- to him as his fee. An interim order was passed in this case by which the proceedings in the Sessions Trial were stayed. On 18th September, 1990, however, Deepak Trimbakrao Deshmukh withdrew both the Transfer Petitions.