H P THAKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) With the consent of the parties, the matter was finally heard at length at the admission stage and now, it is required to be disposed of by this final judgment. Hence, Rule returnable today. Mr.Upadhyay, learned Advocate, appears and waives service of rule on behalf of the respondents. Accordingly, the matter is now disposed of finally by this judgment.

(2.) The petitioner, a Judicial Officer, who was serving, at the relevant time, as Civil Judge (Junior Division), Dakor, District Kheda, has challenged the order of his dismissal from service by filing this petition and has also prayed for consequential relief of reinstatement, with full back wages. The matter was argued at length by Advocates of both the sides and the question, which is required to be considered in this petition, is whether the order of dismissal is just and proper in the facts and circumstances of the case and whether there was sufficient material before the Enquiry Officer for reaching the conclusion to the effect that the petitioner has committed misconduct. It is required to be borne in mind that the order of dismissal is passed against a Judicial Officer for doing something while passing a judicial order. In that view, the matter is required to be examined to find out whether he has crossed the limit, which a Judicial Officer is required to maintain while administering justice. It is also required to be borne in mind that when a Judicial Officer is deciding a matter, it affects the rights of the parties and a Judge, while deciding the matter, is discharging a pious duty, and nobody who is involved in the process of administration of justice is supposed to pollute the fountain of justice, directly or indirectly, and ultimately, if it is found that any one is responsible for polluting the fountain of justice, he is required to be kept away, at a safe distance. Keeping this basic aspect of the matter, this petition is required to be decided by this court.

(3.) The petitioner is charged as under :- At the relevant time, i.e. between 15.6.1992 and 8.12.1994, the petitioner was serving as Civil Judge (Junior Division), and J.M.F.C., Dakor. Mr.Manohar Galani and Mr.Mahesh Mahatre, who were residents of Bombay City at the relevant time, wanted to bust the racket of issuing bogus processes, which was allegedly found to be prevalent in different Courts in the State of Gujarat, and in order to highlight the said fact, aforesaid two gentlemen contacted one Mr.Khambholja, an Advocate of Dakor Town, for filing a false complaint and to get false order of warrants by paying price for the same. For the aforesaid purpose, as aforesaid, they contacted Mr.Khambholja, Advocate. They were assured by the aforesaid Advocate that he will manage with the Magistrate for securing bogus warrant and for that purpose, his professional fees were fixed at Rs.6,500.00. Thereafter, on 24/11/1994, a complaint was filed at about 5.00 p.m. The said complaint was filed under Sections 363, 354, 506(2) read with Section 114 of the Indian Penal Code. The following persons are shown as accused in the said complaint :-