V S SINDE Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) THE petitioner, who was initially appointed as Civil Judge (J.D.) & Judicial Magistrate First Class on 10.08.1978, came to be promoted to the post of Civil Judge (S.D.) in the year 1988 and while he was working as Civil Judge (S.D.) at Nadiad, he came to be served with charge sheet dated 26.02.1999 (Inquiry No. 6 of 1998) for the alleged irregularities in passing the orders as Judicial Officer while working as Civil Judge (S.D.) and Judicial Magistrate First Class at Anjar District : Kutch for the period from 20.01.1995 to 09.06.1996. It is the case of the petitioner that the petitioner replied to the said charge sheet on 28.10.1999, but the same was not accepted and Shri B.N. Mehta, City Civil Judge, Ahmedabad was appointed as Inquiry Officer to look into the charges against the petitioner. The Inquiry Officer after considering the record came to the conclusion that the charge levelled against the petitioner is not proved, but the authorities did not agree with the said findings of the Inquiry Officer and recorded disagreement with the same and gave a show cause notice to the petitioner on 18.07.2002 asking the petitioner as to why he be not dismissed from the service. The petitioner submitted a representation against the said notice on 12.09.2002. It is, thereafter, that the petitioner was placed under suspension vide order dated 01.11.2002 pending finalization of the said inquiry.

(2.) LEARNED Advocate for the petitioner invited attention of the Court to the fact that the petitioner was served with another charge sheet on 23.07.2003 pertaining to Inquiry No. 11 of 2002 for the alleged misconduct while he was working as Civil Judge (S.D.) at Bhuj for the period from 15.04.1993 to 24.01.1995. It is this charge sheet which is the subject matter of the present petition.

(3.) LEARNED advocate for the petitioner submitted that there is inordinate delay in issuing chargesheet to the petitioner and that delay itself should be considered to be the factor, which has caused prejudice to the petitioner and only on that short ground, the chargesheet is required to be quashed and set aside. Learned advocate for the petitioner submitted that in the chargesheet, a copy of which is annexed at AnnexureA to the petition and which is issued on 23.07.2003, it is mentioned "That you were working as Civil Judge (Senior Division), Bhuj from 15.04.1993 to 24.01.1995 and during that tenure, it is found that : ..." The charges are mentioned in the charge sheet.