M A MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition under Article 226 of the Constitution is directed against the order dated 19.5.1994 passed by the High Court on the administrative side for dismissing the petitioner from service and the consequential notification dated 23.6.1994 of the State Government in the Legal Department dismissing the petitioner from service.

(2.) The petitioner was appointed as a Civil Judge (Junior Division) on 21.8.1986. The petitioner's appointment was on probation. The petitioner was confirmed on the post of Civil Judge (JD) in June, 1989. On 10.6.1991 the petitioner was transferred from Kalawad to Bajana in Surendranagar District. The petitioner was served with the charge-sheet dated 11.3.1992 in a departmental inquiry. The petitioner submitted his reply denying the charges. Regular departmental inquiry was conducted by a learned Judge of the Ahmedabad City Civil & Sessions Court. The Inquiry Officer held the petitioner to be guilty of the charges levelled against him as per the report dated 11.2.1993. The petitioner was, therefore, given a show cause notice dated 29.3.1993 calling upon the petitioner to show cause why the disciplinary authority should not accept the inquiry report and why the petitioner should not be dismissed from service. The petitioner submitted his reply dated 15.4.1993 to the said notice. After considering the same, the High Court on the administrative side passed the impugned order dated 19.5.1994 for dismissing the petitioner from service. On the basis of the said recommendation, the State Government issued the notification dated 23.6.1994 dismissing the petitioner from service. Hence, the present petition.

(3.) Before setting out the contentions raised by Mr NK Majmudar for the petitioner, it is necessary to first set out the charges levelled against the petitioner and the findings given by the High Court on the administrative side.