S S DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, under Article 226 of the Constitution, the petitioner has challenged order dated 23rd October, 1992 dismissing the petitioner from service.

(2.) The petitioner was selected as Civil Judge (J.D.) in November, 1981 and was posted as J.M.F.C. & Civil Judge (J.D) at Bhavnagar w.e.f. 12.11.1981 and then she was transferred to Baroda in June 1985. The petitioner was placed under suspension in December, 1988 and a charge-sheet dated 7.5.1990 was issued. After departmental Inquiry the petitioner's service was terminated, by way of dismissal by order dated 23.10.1992. The charges levelled against the petitioner in the said charge-sheet were, inter alia, as under :- "That while you were working as a IInd Joint Civil Judge (JD) and Judicial Magistrate First Class at Vadodara :-

(3.) A departmental Inquiry was initiated pursuant to the said chargesheet. A Judge of the City Civil Court, Ahmedabad was appointed as an. Inquiry Officer, who submitted his report dated 25/4/1991 opining that all the charges levelled against the petitioner were established. A Disciplinary Committee of the High Court tentatively agreed with the findings of the Inquiry Officer and ordered to issue a show-cause notice to the petitioner calling upon the petitioner to show cause why the report of the Inquiry Officer should not be accepted; and why she should not be dismissed from service. A copy of the report of the Inquiry Officer was also given to the petitioner along with show-cause notice dated 6th August, 1991. The petitioner submitted detailed reply dated 1st October, 1991. After considering the record, including the reply given by the petitioner to the second show-cause notice, the High Court came to the conclusion that the petitioner was guilty of all the charges levelled against her. The High Court, looking to the nature and gravity of the proved charges and after considering all relevant aspects recommended penalty of dismissal of the petitioner from service. The said recommendation was accepted by the High Court and by the State Government and by impugned order dated 23rd October, 1992 the petitioner came to be dismissed from service. Hence, this petition.