- (1.) The appellant was recruited to the Madras Provincial Judicial Service as District Munsif in 1935. In 1949 he was promoted to the office of Subordinate Judge, and on June 19,1950, he was posted as Subordinate Judge of Masulipatnam, Krishna District. Among the suits which he tried were O.S.No. 95 of 1946 and O. S. No. 24 of 1949, which were connected, and on July 27, 1950, arguments were heard, therein, and judgment reserved. On August 22, 1950, while judgment was still pending, Lingam Sitarama Rao, who was the fifth defendant in both the suits, filed an application in the High Court of Madras for transferring them to some other Court on the ground that the appellant was attempting through his brother to obtain bribe from the parties, and on this application, the High Court passed an order on the same date, staying the delivery of judgment. The suits themselves were eventually transferred to the Court of the Subordinate Judge of Gudivada, and the appellant was also transferred on September 16, 1950, to the Subordinate Court of Amabpurain in East Godavari District. Thereafter, the High Court started investigation into the allegations made in the affidavit in the stay petition, and as a result of the enquiries and reports received, the following charge was framed against the appellant on April 2, 1953: "That you in or about August 1950 being at that time Additional Sub-Judge, Masulipatnam entered into a conspiracy with your brother Md. Riazuddin alias Basha for the purpose of obtaining a bribe from the parties to O. S. Nos. 24/49 and 95/46 on the file of your Court, and that, in pursuance of the conspiracy, the said Md. Riazuddin at Viayawada attempted between 11-8-1950 and 13-8-1950 to obtain a bribe from Lingam Satya Narayan Rao and his son Lingam Seetarama Rao (the 5th defendant in both the above suits). You are hereby required within 15 days of the receipt by you of this proceeding (1) to submit a written statement of your defence and to show cause why disciplinary action should not he taken against you in respect of the above charge. and (ii) to state whether you desire an oral enquiry to be held or only to be beard in person." The appellant filed his written statement in answer to the charge on June 22,1953.
(2.) Meantime, complaints had also been received by the, High Court that the appellant had committed serious irregularities in the discharge of his official duties in the Sub Court, Amalapuram, such as that he had delayed delivering judgments in the suits and appeals for an unreasonable time, that he had made false returns to the District Court, and that to cover his defaults, he had altered the records of the Court so as to be consistent with those returns. Charges were framed with reference to these irregularities on January 15, 1953, and further charges relating to the same matter were framed on May 6, 1953, to all of which he filed his explanation on June 22, 1953.
(3.) One of the Judges of the High Court of Madras, Balakrishna Ayyar J. was deputed to enquire into these charges, and after making an elaborate enquiry in which several witnesses including the appellant were examined, he sent a report on October 20,1953, that the charge of corruption was made out, and he concluded as follows: "Therefore, I find the charges proved. What punishment should be imposed on Mr. Ghouse can be decided only after he had been heard in that regard but, at this stage, I am inclined to take the view that he should be dismissed from service." With reference to the charges of irregularities, etc., Balakrishna Ayyar J. submitted his report on November 10,1953, in which also he found that the charges were all substantially established, and he concluded as follows: "In the result, I find Mr. Ghouse guilty of the charges framed to the extent already indicated. In respect of another charge against Mr. Ghouse, that I enquired into I expressed the view that he should be dismissed from service. In view of that no further recommendation for punishment in respect of these charges is necessary. Certain observations, however, may not be out of order. A judicial officer who delays judgments, in the absence of special or extenuating circumstances, furnishes evidence of his own systematically sends false returns is guilty of moral turpitude. If in addition he instructs members of his office to make false entries in the records of the Court he would be guilty of even more blameworthy conduct. One would hardly desire to keep such persons in service." ;