P G VYAS Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) THE present petition is directed against the order dated 24.8.2009 passed by the this Court on its administrative side imposing major punishment of compulsory retirement of the petitioner from judicial service.

(2.) THE broad facts are that the petitioner was appointed as Civil Judge (Junior Division) and Judicial Magistrate, First Class in 1981 and thereafter promoted as Civil Judge (Senior Division) in 1990. It can be noticed from the record that the petitioner was served with the chargesheet dated 14.10.2003 while he was working as Chief Judicial Magistrate, Mehsana wherein it was stated that the petitioner passed the order discharging three out of five accused in Criminal Case No.91 of 1996 for the consideration other than the judicial one and thereby indulged in corrupt practice, exhibited an attitude of distrust in judicial department by the litigants and the lawyers and failed in maintaining dignity of judiciary as a whole and thereby the petitioner was guilty of indulging in corrupt practice, dereliction in discharging judicial functions, misconduct and acted in a manner unbecoming of a judicial officer.

(3.) WE have heard learned counsel for the parties and perused the papers of the case placed before us.