LAXMAN SINGH SOLANKI Vs. GOVERNOR OF NCT OF DELHI
LAWS(DLH)-2007-3-41
HIGH COURT OF DELHI
Decided on March 01,2007

LAXMAN SINGH SOLANKI Appellant
VERSUS
LT.GOVERNOR OF NCT OF DELHI Respondents

JUDGEMENT

SWATANTER KUMAR, J. - (1.) The Lt. Governor of National Capital Territory of Delhi vide order dated 25th August, 2005 had compulsorily retired Mr. L.S. Solanki, member of Delhi Judicial Service. The legality and correctness of this order is challenged by the petitioner on the following grounds :- (i)Articles of Charge for which the petitioner has been found guilty are based on no evidence. (ii)The said Articles of Charge are vague, uncertain and cannot in law form basis of guilt. (iii)The impugned order suffers from the vice of non-application of mind by the disciplinary authority as the Inquiring Authority had found the petitioner guilty of only Articles of Charge 1 and 3, and Articles of Charge 2, 4 and 5 in the opinion of the Inquiring Authority had not been proved but the Disciplinary Authority had proceeded on the basis as if all the Articles of Charge were proved against the petitioner. (iv)In terms of the judgment of the Supreme Court in the case of Managing Director, ECIL, Hyderabad and Others Vs. B. Karunakar and others (1993) 4 SCC 727, the impugned order and the proceedings stand vitiated for the reason that no show cause notice was served upon the petitioner particularly in relation to quantum of sentence, as such, the petitioner was not granted fair opportunity to put forward his case for consideration before the disciplinary authority.
(2.) Before we proceed to examine the merits of the contentions raised by the petitioner before us in the present writ petition, reference to the basic facts would be necessary.
(3.) The petitioner after completing his studies in law with outstanding performance in academic had started practice as a lawyer in the District Courts at Delhi in the year 1982. He appeared in the examination and was selected to Delhi Judicial Service in the year 1992. It is further averred by the petitioner that while performing his duties as a Judicial Officer his performance was adjudged by the competent authority as B+ till the year 2000. He worked as Civil Judge as well as a judge on criminal side during his tenure. His performance was appreciated by various Judges and particularly his performance was found to be outstanding to settle maximum number of cases in one day Lok Adalat held at Karkardooma Courts.;


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