HIGH COURT OF GUJARAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The matter has been taken up for hearing by consent of the respective parties. By way of this review application, the applicant has prayed for the following reliefs:

(2.) The facts of this case are that the delinquent was appointed as Judicial Magistrate, First Class on 15.12.1981. At the relevant time, he was working as Civil Judge (J.D.) and Judicial Magistrate, First Class, Anand. On 14.11.1991, at about 9.30 p.m., the delinquent reached at the house of Ms. S.C. Srivastav, Joint Civil Judge (J.D.) and Judicial Magistrate, First Class, Petlad. Hence she was surprised to see him at odd hours. She inquired as to why he had come, but he could not give any satisfactory answer. The conduct of the delinquent was seen unnatural and he appeared to be in drunken condition. She was very much embarrassed as her residence was in a lonely place. There was another quarter of Mr. Vasa falling on the way to her quarter. From the behavior of the delinquent, she felt unsafe in his presence. Her impression was that had she been alone, the delinquent would have misbehaved with her. She was very much annoyed by this chapter of uncalled visit by the delinquent and she was very much mentally disturbed due to the incident and she went to narrate about the incident to the District Judge, Kheda at Nadiad on 18.11.91, who directed her to give a complaint in writing. Accordingly, she went again on 19.11.91 and reported the matter in writing to the District Judge, Kheda at Nadiad. The District Judge, Kheda at Nadiad recorded the statements of Ms. S.C. Srivastav, Mr. A.G. Vasa, Civil Judge (J.D.), and JMFC, Petlad and Mr. Ahmedmiya Malek on 25.11.91. The matter was referred to the High Court by a letter dated 16.12.91. The Joint Registrar, High Court of Gujarat under the direction of the then Acting Chief Justice of the High Court of Gujarat informed the opponent No. 2 about the decision to hold a departmental inquiry against him. Accordingly, on 16.12.1991 a charge sheet was issued on the opponent No. 2. The opponent No. 2 filed his reply to the charge sheet on 20.01.1992 denying the charges that had been alleged against him. The departmental inquiry proceedings were conducted and on 21.07.1992, the Inquiry Officer held the charges proved against the opponent No. 2. On 5.4.1993, the opponent No. 2 was dismissed from judicial service.

(3.) We have heard Mr. Shalin Mehta, learned Senior Counsel assisted by Mr. Hemang M. Shah, learned advocate, appearing for the applicant, Mr. Vishal Patel, learned Assistant Government Pleader, appearing for the respondent No. 1 and Mr. Shivang J. Shukla, learned advocate, appearing for the respondent No. 2.