(1.) This writ petition has been filed for quashing the order dated 4.7.1997 (Annexure-15), passed by the respondent No. 1. His Excellency the Governor of Uttar Pradesh removing the petitioner from service.
(2.) Facts and circumstances giving rise to this case, are that the petitioner was appointed as Addl. Munsif in 1970 and promoted to the post of Civil Judge on 8.7.1981. On 25.6.1984 when petitioner was posted as Civil Judge, Azamgarh, the learned District Judge sent copies of complaints against the petitioner to this Court, wherein a large number of allegations of corruption etc., had been levelled against him. A preliminary enquiry was held and as some substance was found to be there in the allegations, a regular enquiry was conducted. The petitioner was served with charge-sheet and he submitted his reply to the same. The enquiry was conducted and the report was submitted by the enquiry officer (a Distt. Judge) on 20.8.1996. The said report was placed before the Administrative Committee of this Court which accepted the same and petitioner was given a show cause notice to make his representation against the findings recorded by the enquiry officer. Petitioner submitted his representation dated 28.11.1996 and subsequently, additional representation dated 24.12.1996. The Administrative Committee considered the representations made by the petitioner and proposed the punishment of removal from service. The matter was placed before the Full Court on 24.5.1997. After considering the matter the Full Court accepted the Enquiry Report as well as the punishment. When matter was referred to the respondents No. 1 and 2, the order impugned dated 4.7.1997 (Annexure-15) was passed removing the petitioner from service. Hence, this petition.
(3.) Shri S.K. Chaturvedi, learned Counsel for the petitioner made large number of submissions, contending that the allegations of corruption, demand and acceptance of illegal gratification had been levelled falsely as the judgment and order passed by a Court can be corrected in appeal or revision, the error committed by a Judicial Officer while deciding a case does not warrant the initiation of disciplinary proceedings; the charge of corruption had been motivated as the complainants had a grudge against the petitioner because the case had been decided against them; complaint was filed at a belated stage; i.e., after 11 days of decreeing the suit; the matter related to declaration as to whether a particular temple was a public trust or a private trust, and even if earlier it had been held to be a public trust, it had no relevance for re-determination of the issue by the petitioner; petitioner had unblemished service record and did not deserve the punishment; and the last not the least, punishment awarded was too harsh and disproportionate to the misconduct.
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