P N BAVISHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition under Article 226 of the Constitution, the petitioner challenges the communication dated 28. 8. 2008 from the State Government in the Legal Department to the High Court on the administrative side by which the petitioner's request for granting 5 notional increments is rejected.

(2.) THE petitioner was appointed as Civil Judge (J. D.) and JMFC in the State Judicial Service in the year 1962. Departmental inquiry came to be instituted against the petitioner on the charge that when the petitioner was working as Chief Judicial Magistrate, Junagadh, the petitioner had engaged a taxi on hire for travelling to various places in the district. Thereafter, when the taxi driver requested the petitioner to pay him the taxi fare, the petitioner paid him merely Rs. 55/- as against the demand for Rs. 120/- as the rate fixed was Rs. 1 per km. and the petitioner had travelled a distance of about 120 km. Even the aforesaid amount was paid after the taxi driver had made repeated demand. The High Court on the administrative side took a view that this is a clear abuse of official position held by the petitioner and the petitioner's conduct was unbecoming of a Judicial Officer and reflects his integrity.

(3.) WHEN the petitioner was called upon to explain the charge, the petitioner advanced a story that he had not undertaken any journey in the taxi. The High Court on the administrative side took a view that this act of fabricating an excuse and making a misrepresentation and attempt to misguide the superior authority is an act unbecoming of a Government servant.