SURABHI KESHAV SAHU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, by the petitioner which challenges an order dtd. 14/1/2022, passed by the Law and Judiciary Department of the Government of Maharashtra, on the recommendation of the respondent no. 2 (High Court on its Administrative side) thereby dismissing, the petitioner from the Maharashtra State Judicial Services.

(2.) On the petitioner clearing the Maharashtra Public Service Commission examination (for short 'MPSC exam'), for the post of the Civil Judge Junior Division and Judicial Magistrate, First Class, in the year 2006, she was appointed to the said post on 28 th May 2006. The petitioner during the course of service was transferred from time to time to different districts. The petitioner was posted as the Civil Judge Senior Division and the Chief Judicial Magistrate, Dadra and Nagar Haveli, from 24/5/2016 to 30/1/2018.

(3.) By an order dtd. 30/1/2018, the petitioner was transferred from Dadra and Nagar Haveli to District Dhule, Maharashtra. The petitioner was then posted as a Civil Judge Senior Division, Dhule. Shortly thereafter, a suspension order dated 17 th February 2018 was issued to the petitioner and a departmental enquiry was proposed against the petitioner. A departmental enquiry was initiated against the petitioner due to certain incidents which occured while the petitioner was serving at Dadra and Nagar Haveli. Eleven charges were framed in the charge-sheet. The petitioner was called upon to submit her response to the suspension order and charge-sheet dtd. 20/4/2018. The petitioner filed her written statement dtd. 14/6/2018. The petitioner though admitted the sequence of the incidents, but the allegations made against the petitioner were disputed. On 14 th June 2019, the then Principal District and Sessions Judge, Dadra and Nagar Haveli, Silvassa, Mr. D. P. Surana was appointed as an Enquiry Officer. So also, Mr. Y. S. Paithankar, the then Civil Judge Senior Division and Chief Judicial Magistrate, Dadra and Nagar Haveli, Silvassa, was appointed as the Presenting Officer. Thereafter, in all twenty-nine witnesses were examined. After completing the enquiry, the Enquiry Officer submitted his report dtd. 30/1/2020, thereby concluding that the charge Nos.1 to 7 and 9 were "proved", charge No.8 was "partly proved", charge No.10 was "apparently established" and charge no.11 as "probably against the delinquent officer".