- (1.) This appeal by certificate arises from the judgment of the Division Bench of the High Court of Bombay, Nagpur Bench, made on April 26, 1996 in Writ Petition No. 2210 of 1993.
(2.) While the respondent was working as Civil Judge, Jr. Division at Nasik, an allegation was made against him that on October 21, 1989, he had sent a word through a messenger to one Smt. Kundanben, defendant in a civil suit for eviction, demanding a sum of Rs. 10,000/- as illegal gratification to deliver judgment in her favour.
(3.) On receipt of the information, she appears to have complained to Mr. Sathe, her advocate; who in turn appears to have complained to one Mr. Parakh, Assistant Government Pleader; who in turn alleged to have complained to one Shri N.A. Gite, the District Government Pleader. The District Government pleader informed the District Judge of the demand of illegal gratification made by the respondent. On the bases thereof, the District Judge made adverse remarks against the respondent in his Confidential Reports for 1989-90. On coming to know of the same, the respondent made an appeal to the High Court to expunge the said remarks. The High Court, thereon, has directed the District Judge to substantiate the adverse remarks after recording the evidence of the aforesaid advocates. Subsequently, their statements came to be recorded. It is relevant to note, at this stage, that the respondent by then was transferred from Nasik by notification dated April 26, 1990, but had not been relieved by the date when a latter was sent by Mr. Gite, District Government Pleader to the District Judge on May 4, 1990. On the basis of the statements recorded from the aforesaid three persons and also Smt. Kundanben, the complainant, the High Court initiated disciplinary enquiry against the respondent. The Enquiry Officer after giving reasonable opportunity to the respondent conducted enquiry and submitted his report. The charge framed against the respondent is as under: "That on Sunday, the 22nd October, 1989, at about 1-00 a.m. you made a demand of illegal gratification of Rs. 10,000/- through your messengers, from Smt. Kundan Kishor Somayya (Thakkar), resident of house No. 4518, Sardar Chowki, opposite Panchayati Police Chowki, Nasik, defendant in regular Civil Suit No. 581/81, for deciding the said suit in her favour and that you thereby indulged in corrupt practice amounting to gross misconduct." ;