NIRMALA J JHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner who was a Judicial Officer has by way of the present petition challenged the notification dated 11-12-1998 issued by the Government of Gujarat, by which the petitioner has been ordered to be compulsorily retired from service with effect from the date of the notification.

(2.) Brief facts leading to the present petition can be noted at the outset. The petitioner was working as Second Joint Civil Judge (S.D.), Ahmedabad Rural from 10-6-1991 to 18-10-1992, the petitioner was posted as Chief Judicial Magistrate, Ahmedabad (Rural) and continued to work on the said post till 25-11-1993. For having committed certain misconduct, pending departmental proceedings, the petitioner was placed under suspension by order dated 21-1-1994. On 6-8-1994, a charge-sheet came to be issued against the petitioner containing in all 12 charges against her. Shri M. C. Patel, the then Additional (1) 1977 GLR 738 (FB) (2) 1999 (7) SCC 739 (3) 2002 (7) SCC 142 (4) 1999 (2) SCC 10 (5) AIR 1972 SC 2535 (6) AIR 1997 SC 2286 (7) AIR 1997 SC 2631 (8) AIR 2000 SC 22 (9) 1972 (4) SCC 618 (10) AIR 1989 SC 1185 Principal Judge, City Civil and Sessions Court, Ahmedabad was appointed as the Inquiry Officer to conduct inquiry against the petitioner, pursuant to the said charge-sheet dated 6th August, 1994.

(3.) Upon conclusion of the oral inquiry, the Inquiry Officer concluded that charges Nos. 3 to 12 against the petitioner are not findings with the High Court on its administrative side agreed to, and we may therefore, ignore the details of those charges for the purpose of present petition.