PRADEEP HIRAMAN KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

(2.) By this Petition under Article 226 of the Constitution of India, the Petitioner seeks to challenge the order dated 5 th December 2019 passed by Respondent No.1, whereby Respondent No.1 has removed the Petitioner-Judicial Officer from the Government Service in exercise of the powers conferred by Rule 5(1)(viii) of the Maharashtra Civil Services (Conduct) Rules, 1979. Brief facts are as under:-

(3.) The Petitioner was a Judicial Officer appointed in 2009 by Respondent No.l-State. Pursuant to complaints received, the Petitioner was served with Articles of Charge on 5 th July 2017 by framing three charges. Alongwith the Articles of Charge, the Petitioner was furnished with statement of imputation, copy of anonymous complaint along with compact disc (CD), copy of complaint dtd. 16/12/2013 of Shri. Bilal Sultan Mistry, copy of conversation recorded in the CD, copy of complaint dtd. 18/1/2014 from Shri. Babbu Mehbul Khan and copy of conversation recorded in the CD sent by the said complainant, report of Principal District Judge, Ratnagiri alongwith annexures and copy of statement of Advocate S. S. Butala. List of witnesses were also furnished to the Petitioner. Charge No.1 related to acceptance of bribe through Shri. Harish Keer, peon attached to the Petitioner in connection with acquittal of an accused for an offence punishable under the Protection of Children from Sexual Offences Act, 2012 (POCSO). In the said charge it was mentioned that the complainants approached Shri. Harish Keer for getting acquittal order in POCSO case. There were telephonic conversation between the complainant and Shri. Harish Keer. Initially the demand was made for Rs.3.00 lakh and thereafter it is stated that on the request made by the complainant, Shri. Harish Keer after consulting the Petitioner agreed for Rs.2.00 lakh, out of which Rs.40,000.00was accepted in cash and balance Rs.1,60,000.00 was accepted by cheque which was to be returned after receipt of cash.