HARI SINGH GOUR Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of india, the petitioner assails the order dated 11-1-1985 passed by the District judge, Raigarh removing him from service as a Lower Division Clerk employed in the District Court, Raigarh.

(2.) THE petitioner was proceeded against by four separate charge-sheets containing imputations of misconduct on allegations inter alia of dereliction of his duties and making attempts to obtain illegal gratifications from the litigants. The charges included non-maintenance of cause-lists, non-issuance of records to the process section and failure to properly maintain the records. The most serious charges were of demanding illegal gratification from the litigants coming to the Court for taking dates in their cases.

(3.) THE enquiry was conducted in accordance with the provisions of m. P. Civil Service (Classification Control and Appeal) Rules, 1966 (hereinafter referred to as 'the Rules' ). The Chief Judicial Magistrate was appointed as the enquiry officer. After holding the enquiry he submitted his report to the District Judge who acted as the disciplinary authority. In accordance with the unamended provisions of Rule 15 (4) of the Rules, as it existed then, the copy of the enquiry report was furnished to the petitioner and a show cause notice was given to him proposing penalty of removal from service. The petitioner submitted his reply to separate show cause notices received by him in the four enquiries.