M ABDUL KASIM Vs. STATE

JUDGEMENT

(1.) Sri Abdul Kasim, B.A. LL.B., was practising as a First Grade Pleader in Hyderabad having enrolled himself as a pleader on 22nd March, 1925. His name was duly entered in the Register of Pleaders maintained by the Hyderabad High Court. He was renewing his Pleadership Certificate from year to year. His Pleadership Certificate was last renewed for the year 1941-42. He was appointed as Munsif-Magistrate on 26th September, 1942 and thereafter he did not renew his Pleadership Certificate. While he was working as Mtmsif-Magistrate, Nilanga, several complaints were lodged against him by eight pleaders of Nilanga complaining that he was corrupt and inefficient. Thereupon, the High Court initiated proceedings against him for disciplinary action and directed the Sessions Judge, Bidar, to make an enquiry and submit a report. On 11 th August, 1954, the Sessions Judge submitted his report, on the basis of which the following charges were framed against him :- (1) Acceptance of illgal gratification and issuing orders under influence, (2) Complicity and conspiracy with S.P.O. ; (3) Alteration and scratching of orders, raising suspicion in the mind of the litigant public ; (4) Inefficiency and poor knowledge of law; (5) Intervention in a Police case resulting in the absconding of the accused ; and (6) Collecting illegal and improper costs without authorisation and without submitting accounts.

(2.) The Munsif-Magistrate filed a written statement denying all the charges and he elected to have an oral enquiry. The enquiry was conducted by Mr. Justice Deshpande, one of the Judges of the Hyderabad High Court. He found, on the evidence that, although direct taking of bribes had not been proved, a reasonable inference could be drawn that he was likely to take bribes, that charges Nos. 2 and 3 were established, that either the Munsif-Magistrate lacked knowledge of law or that he was personally interested in the case and that charges 5 and 6 were not established. The learned Judge expressed the view that the Munsif was not fit to be kept in service but should be made to retire compulsorily under rule 9 (I'D) of the Hyderabad Civil Services (Classification, Control and Appeal) Rules.

(3.) The Chief Justice of the Hyderabad High Court, sitting along with Vithal Rao Deshpande and Jagahmohan Reddy, JJ., as Administrative Bench considered the report, gave a hearing to the Munsif and accepted the findings of Deshpande, J. Having regard to those findings and having regard to the previous enquiries, wherein he was found guilty of bribery, they held that the officer was fit to be dismissed from service. The Government, by their order, dated 5th July, 1956, dismissed him from service on the basis of the finding of the Administrative Bench after consulting the Public Service Commission and after giving an opportunity for the officer to represent his case. The question is whether Sri Abdul Kasim, who was dimissed from service for bribery and inefficiency, should be allowed to practise in the State as a First Grade Pleader.