SHIWANAND BHAGWANRAO KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Anturkar, the learned Counsel for the petitioner. In this petition filed under Article 226 of the Constitution, the petitioner has taken exception to the order dated 11th February, 2010 by which he was communicated the decision of the Disciplinary Committee/Authority to impose the minor penalty of censure under Rule 6(1)(i) of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 (for short D. & A. Rules).

(2.) The petitioner joined as a Civil Judge, Junior Division and Judicial Magistrate, First Class on 20th July, 1995 and he continues to occupy the the same post as of now. While he was posted at Jamner in Jalgaon District, the Principal District Judge received a complaint dated 22nd June, 2007 signed by eight Advocates from Jamner Bar and one of the complainants i.e. Shri Rajendra Baburao Patil, advocate was the President of the Advocates Bar Association. The grievances raised against the petitioner in the said complaint were (a) he used to work for half an hour in the morning session and also for half an hour in the afternoon session and for rest of the time he used to sit in the bar room which is called as Diwani room along with some selected lawyers and he used to chit chat with them; (b) he had accepted donations from the public representatives, officers and directors of some private institutions for the development work in the Court premises namely installation of electric pump, construction of water tank, laying of pipeline and lawn; (c) he used to sit in the premises of the Court along with selected group of lawyers between 8.00 a.m. to 10.00 a.m.; (d) he took interest in celebrating his birth day in the Court premises during Court hours, his Chamber was decorated by affixing rose flowers on the walls and a flower bed was laid from the Court gate to his Chamber and the Court premises were also decorated by attractive Rangoli; and (5) he used to enjoy parties with lawyers and staff members at hotels and dhabas situated at Jalgaon and Bhusawal.

(3.) The Principal District Judge, Jalgaon, ordered a preliminary inquiry which was conducted by Mrs.U.S.Thakare, District Judge-1 and Additional Sessions Judge, Jalgaon. She submitted her report dated 3rd September, 2007 and the said report was forwarded to the Registry of this Court. On 22nd August, 2008 the petitioner was served with the statement of imputations of his misconduct along with the memorandum and he was directed to show cause within 10 days as to why one of the minor penalties under Rule 5(1) of the D. & A. Rules should not be imposed upon him. The petitioner submitted his reply dated 4th May, 2009 which was placed before the Disciplinary Committee and by the impugned order the minor penalty of censure was imposed on the petitioner.