A M DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India challenging notification dated 14.09.2011 of the Legal Department, State of Gujarat, dismissing the petitioner from service of Civil Judge (Senior Division) & JMFC, on the basis of the recommendations of the High Court (on its administrative side).

(2.) Petitioner joined the judicial service as Civil Judge (Junior Division) & JMFC on 24.10.1991. In July 2000, he was promoted as Civil Judge (Senior Division). On 10.10.2001 while in service, a chargesheet was served upon the petitioner alleging that, while he was working as JMFC at Surat, an accused Jasubhai Oad, facing Criminal Case No. 751 of 1987 pending with Metropolitan Court at Ahmedabad, had contacted him to settle the case by misplacing the file. In this regard, Jasubhai Oad, in all, would pay a sum of rupees one lakh, out of which Rs. 50,000/- was to be paid immediately and the remaining Rs. 50,000/- was to be paid within a period of 2-3 months. As the second installment of Rs. 50,000/- was not paid, it was decided that the petitioner would be paid interest @ 4% per month on the remaining amount of Rs. 50,000/-. The amount of interest @ 4% per month was being paid to the petitioner since 1998. However, since October 2001, Jasubhai Oad failed to pay the interest of Rs. 2000/- per month and accordingly a sum of Rs. 10,000/- was outstanding against Jasubhai Oad. It is further case of the complainant that the petitioner made demand for this amount of Rs. 10,000/-. The matter was then brought to the notice of the High Court. A trap was laid and Vigilance Cell of the High Court caught the accused red-handed while accepting Rs. 10,000/- on 18.02.2001.

(3.) The chargesheet further narrates that on examination of Rojnama of Criminal Case No. 752 of 1997, it was found that orders were having rubber stamp without signature of the Magistrate and, therefore, for some obvious reasons during the period from March 1997 to March 2001, the case was not placed before the Magistrate and, therefore, the act of the petitioner amounted to indulging in corruption, thus unbecoming of a judicial officer.