H P THAKER Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant Shri H. P. Thaker has challenged in this appeal the judgment and order dated 23rd January, 2002 passed by the learned single Judge of this Court dismissing his Special Civil Application No. 9207 of 2001 (reported in 2002 (1) GLH 564). During the pendency of this appeal the appellant-original petitioner has died, therefore, his legal representatives have come on record and prosecuted this appeal.

(2.) The appellant-original petitioner was serving as a Civil Judge (Junior Division) and J.M.F.C., Dakor, between 15-6-1992 and 8-12-1994. As that time, racket of issuing bogus warrants and summonses were prevailing at a large scale in different subordinate Courts in the Slate of Gujarat and with a view to bust such racket, Shri Manohar Galani and Shri Mahesh Mahatre residents of Bombay carried a sting operation. They contacted Shri Khambolja an Advocate practising at Dakor for filing false complaint against seven accused persons (one of them was Shri Madhavbhai Laxmanbhai Pendse, the then Acting Chief Justice of Bombay High Court) and to get false order of warrant by paying price for it. They were assured by an Advocate Shri Khambolja that he will manage with the Magistrate for securing such bogus warrants, and for that purpose, his professional fees was fixed at Rs. 6500/-. Thereafter, on 24th November, 1994, the bogus private complaint was filed at about 5-00 p.m., for the offences under Secs. 363, 354 and 506(2) read with Sec. 114, I.P.C. against seven accused in the name of one Manjulaben Shankerbhai Parmar alleged complainant who was stated to be a resident of Dungar Bhagol, Dakor. She was presented before the petitioner-delinquent officer, but neither did the delinquent officer carry out any examination of the complainant under Sec. 200, Criminal Procedure Code, nor did he record any statement of the complainant on oath; nor made any attempt to inquire about the alleged offences stated in the complaint by the complainant. On 24th November, 1994, the delinquent officer had orally passed an order of issuance of summons against all the accused in the complaint. Thereupon, on the very day at about 7-00 p.m., Shri Khambolja from his office contacted the delinquent officer on phone in presence of Shri Ramesh Mohanbhai Prajapati, Sr. Clerk of the Court of Civil Judge (J.D.), Dakor, and Shri Manohar Mangaram Galani as well as Shri Mahesh Mahatre and asked the delinquent officer to issue warrants instead of summonses. Thereupon, delinquent officer had told Advocate Shri Khambolja to come and collect the order of warrant on the next day, i.e. 25th November, 1994 at 11-00 a.m. Accordingly, on the next day i.e. 25th November, 1994 at 11-00 a.m. papers of that case were again put up before the delinquent officer and said Shri Ramesh Mohanbhai Prajapati, Sr. Clerk, was asked to write order of warrant against each of the accused in sum of Rs. 1000/- and below it the delinquent officer had put his signature and directed the Sr. Clerk Shri Prajapati to put up the date of 24-11-1994 instead of 25-11-1994 though the order of warrant was actually passed on 25-11-1994.

(3.) For the aforesaid charge of committing the act of malpractice unbecoming of a judicial officer, the delinquent officer was charge-sheeted, regular departmental inquiry was held, and he was dismissed from service and the respondent High Court also took decision to dismiss him from service, and accordingly, a recommendation was made by the High Court to the State Government for passing formal order. As required under the law, the State Government was bound to act on the recommendation made by the High Court. Therefore, the State Government passed formal impugned order of terminating the delinquent officer from service. The said order was challenged by him before the learned single Judge and after hearing the learned Counsels for the parties as stated earlier, the learned single Judge by his judgment and order dated 23rd January, 2002 dismissed the writ petition. Hence, this appeal.