CHANDRAKANT VENKATESH MOHOLKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner herein, a member of the Maharashtra Judicial Service, was working as Additional Chief Metropolitan Magistrate for Greater Bombay, when a disciplinary proceeding was initiated against him, resulting in an Order of dismissal dated 28th October, 1985 passed by the Governor of Maharashtra on the recommendation made by the High Court of Judicature at Bombay, after an enquiry was held in which the petitioner was found guilty of misconduct. The petitioner has, apart from challenging the Order of the Governor of Maharashtra dated 28th October, 1985, dismissing the petitioner from service, also challenged the disciplinary proceeding, its commencement and continuation, as also the enquiry report made by respondent No. 3 as also the enquiry held by him. According to the petitioner, the entire proceeding was conducted in breach of the constitutional provisions and in breach of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, as also in breach of the principles of natural justice.

(2.) THE facts, insofar as they are relevant, may be stated thus :---

(3.) RESPONDENT No. 3, I/c Registrar, in addition to his duties as Additional Registrar (Inspection), by a letter dated 3rd December, 1984, asked the petitioner to furnish explanation in the matter, enclosing with his letter, letter of Shri R. B. Malgoankar dated 19th November, 1984. The petitioner furnished his explanation by letter dated 14th December, 1984, and completely denied the allegation made. He denied having visited Shri Malgoankar as alleged, and in fact, pleaded that he did not even know Shri Malgoankar. On the contrary, the petitioner alleged that Shri Malgoankar was a person of doubtful integrity, and that the entire newspaper report was in the nature of a publicity stunt.