- (1.) This appeal has been preferred against the impugned judgment and order dated 25.8.2004, passed in Special Civil Application No.5759 of 1999, by way of which the challenge to punishment order of compulsory retirement of the appellant has been turned down.
(2.) Facts and circumstances giving rise to this appeal are: A. That the appellant had joined the Gujarat State Judicial Service in 1978, and was promoted subsequently as Civil Judge (Senior Division) in 1992. She was posted as Chief Judicial Magistrate (Rural) in Ahmedabad. In December 1991, she was trying one Gautam Ghanshyam Jani in CBI Case No.5 of 1991 for the offence of misappropriation and embezzlement of public money. The accused filed a complaint with the CBI on 19.8.1993, against the appellant alleging that she had demanded a sum of Rs.20,000/- on 17.8.1993 as illegal gratification, to pass order in his favour, through one C.B. Gajjar, Advocate. As it was not possible for the complainant to pay the said amount, the appellant had agreed to accept the same in installments, and in order to facilitate the said complainant's efforts to arrange the said amount in part, she had even granted adjournment. B. The said complaint filed with the CBI was referred to the High Court and in pursuance thereof, a preliminary enquiry was conducted against the appellant in which statements of various persons including C.B. Gajjar and G.G. Jani were recorded. The Court then suspended the appellant vide order dated 21.1.1994, and directed a regular enquiry appointing Shri M.C. Patel, Additional Civil Judge, City Civil Court, Ahmedabad as the Enquiry Officer. C. A chargesheet dated 6.8.1994, containing 12 charges was served upon the appellant. One of the main charges was, the demand of illegal gratification to the tune of Rs.20,000/- from G.G. Jani through C.B. Gajjar, Advocate in lieu of favouring the complainant/accused. Another relevant charge was that a person known as "Mama" amongst the litigants, would come to her residence, accompany her to court, and collect money from litigants on her behalf and thus, she had indulged in corrupt practices. D. During the course of the enquiry, G.G. Jani, C.B. Gajjar, P.K. Pancholi and certain other witnesses were examined by the department and in her defence, the appellant examined herself denying all the allegations made against her. The Enquiry Officer submitted his report on 24.10.1997, holding the appellant guilty of the first charge and partially guilty of the second charge, i.e. to the extent that one person named "Mama" used to visit her quite frequently. However, it could not be proved that he had ever misused his association with the appellant in any respect. All other charges were found unsubstantiated. E. In pursuance of the report submitted by the Enquiry Officer, the matter was examined on the administrative side by the High Court, and after meeting various legal requirements i.e. issuing show cause notice to the appellant and considering her reply, the Court vide resolution dated 12.10.1998, made a recommendation to the State that the appellant was guilty of the first charge, and thus, punishment of compulsory retirement be imposed on her. The Government accepted the same and issued a notification giving compulsory retirement to the appellant on 11.12.1998. F. Aggrieved, the appellant challenged the said order of punishment, by filing a Special Civil Application No.5759 of 1999 before the High Court on the ground that the findings of the Enquiry Officer were perverse and based on no evidence. However, the said civil application was dismissed by the High Court, vide impugned judgment and order dated 25.8.2004. Hence, this appeal.
(3.) Ms. Mahalakshmi Pavani, learned counsel appearing for the appellant, has submitted that one Gautam Ghanshyam Bhai Jani, an officer of Oriental Insurance Company at Mehasana had been involved in a CBI case for the offence punishable under Sections 406, 467 and 471 of Indian Penal Code, 1860. After investigation, a chargesheet had been filed against him in the court of the Chief Judicial Magistrate, Mirzapur in case no.5 of 1991. Shri Bhatt, the then CJM had liberally granted long adjournments to the accused complainant. The case had started in 1991, but no progress was made till 1993, as the accused-complainant had only been seeking adjournments. The appellant had joined in the said Court as CJM in 1993, and wanted to conclude the trial, thus, she granted short adjournments. The accused/complainant was being represented by Shri Pankaj Pancholi, Advocate. He had been granted adjournments one or two times, but later on, the appellant refused to accommodate him. She hence, began examining witnesses even in the absence of the complainant's advocate. The complainant was directed/ instructed to keep his advocate present, and in the event that Shri Pankaj Pancholi was not available, to make alternative arrangement. Shri Pankaj Pancholi introduced the accused-complainant to Shri C.B. Gajjar, Advocate practicing therein. Shri Pankaj Pancholi told Shri Gajjar that as the accused-complainant was his relative, he was not in a position to ask the accused to pay fees. Thus, Shri Gajjar should ask the accused-complainant to pay a sum of Rs.20,000/- to be paid to the appellant, in order to get a favourable order. The appellant did not meet Shri Gajjar in her chamber, nor did she put up any demand. The complaint, however, was motivated as the appellant was a very strict officer. This theory of demand/bribe and further, the readiness to accept the same in installments, was a cooked up story. The findings of fact recorded by the Enquiry Officer are perverse, as Shri Gajjar, Advocate has denied meeting the appellant in her chamber. The High Court did not appreciate the evidence in correct perspective and failed to protect a honest judicial officer, which was its obligation. The punishment imposed is too severe and disproportionate to the delinquency. Therefore, the appeal deserves to be allowed.;