SHIVDAS Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) By way of this petition, the petitioner, who was serving as a Junior Clerk and at the relevant time was attached to the Court of Civil Judge, (Junior Division) & Judicial Magistrate, First Class, Narkhed, District Nagpur has challenged order of his removal from service dated 29.4.2000 in Departmental Enquiry No. 13/99 conducted by the District & Sessions Judge, Nagpur/Disciplinary Authority. The Administrative Appeal preferred by the petitioner was dismissed by the Appellate Authority and petitioner was informed accordingly by communication dated 28.8.2000 by the Additional Registrar to that effect, which is produced at page 80 (Annexure G) on record.

(2.) The petitioner was initially appointed in July 1991 as a Junior Clerk in the Office of District & Sessions Judge, Chandrapur. The services of the petitioner were transferred to the establishment of the District & Sessions Judge, Nagpur by way of inter district transfer in March 1999. The petitioner was thereafter posted in the Court of Civil Judge, JD & JMFC, Narkhed which is under the control of District and Sessions Judge, Nagpur. The petitioner took over the charge at the place of transfer on 11.5.1999. At the time when the petitioner was discharging his duties at the aforesaid place, he was subjected to the disciplinary proceedings in connection with the misconduct, which is alleged to have been committed by the petitioner at the relevant time. Petitioner was served with a Memorandum dated 4th August 1999 along with Articles of Charge as also relevant documents. Nine charges were framed against the petitioner which read as under:

(3.) After recording evidence and plea of the petitioner, the Enquiry Officer submitted a final report to the Disciplinary Authority. The Enquiry Officer framed the following points and recorded his findings against each of them as under :