D K RAJEPANDHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition filed by a former Joint Civil Judge, junior Division and Judicial Magistrate, seeks to challenge the order dated 19th December 2002 passed by the Government of Maharashtra compulsorily retiring him after a disciplinary enquiry and a recommendation of the High court to that effect. The respondents to this writ petition are the State of maharashtra and the High Court of Bombay through its Registrar, respectively.

(2.) The short facts leading to this writ petition are as follows:- the petitioner joined as a Civil Judge, Junior Division on 13th December 1982. During the course of his service, he was transferred from place to place. When he was posted at Satara he received a charge-sheet dated 14th September 2000 for certain acts of misconduct committed by him when he was a Civil judge, Junior Division and Judicial Magistrate at Yeola in District Nashik from June 1994 to May 1997. The charges were principally three-fold. (i) Firstly, he was charged that during that period he granted bail to the accused persons in two cases viz. CR No. 2 of 1995 of Yeola City Police station and CR No. 2 of 1995 of Yeola Taluka Police Station, even though the offences were triable by the Court of Sessions and that too after the court of Sessions had rejected the earlier applications for bail on merits and that this was done deliberately overlooking the observations of the Sessions Court. He had passed these orders for consideration other than judicial by resorting to corrupt practices. (ii) The second charge was that he behaved in a vindictive manner with one Advocate Shri V. R. Gaikwad practising at Yeola with a view to harass him. (iii) Thirdly, he did not follow the proper procedure while dealing with the criminal matters, particularly those arising under Section 125 of the criminal Procedure Code and in issuing warrants in criminal cases.

(3.) (I) The petitioner was served with the imputation of charges. In the imputation there was a reference to a third case of granting bail in a case under Section 302, Indian Penal Code being C. R. No. 30 of 1995 of Yeola police Station. The petitioner filed his Written Statement dated 7.11.2000 denying all these allegations and disputing that any case for misconduct was made out. In his submission, there was no corrupt practice involved and his orders were judicial orders which had to be looked at as such, and could not be a basis for a departmental action, assuming that they were wrong orders. He denied vindictiveness against Advocate Gaikwad or not following the correct procedure. (ii) Thereafter, evidence was led in the Departmental Enquiry. Apart from producing various documents, Advocate Gaikwad was examined in support of the charges. The delinquent filed a pursis that he did not want to lead any oral evidence but filed his statement of defence. Thus, after giving an opportunity to the petitioner and considering the material on record, the enquiry Officer one Shri S. P. Hayatnagarkar, the then Additional District and sessions Judge at Nashik, submitted his report of inquiry on 30th April 2002.