- (1.) Leave granted.
(2.) The appellant was a Judicial Officer. He was appointed as a Judicial Magistrate on 01.03.1985. On 08.02.2001, he was put under suspension and dismissed from service on 15.01.2004. The appellant challenged his writ petition filed before the High Court. The same was dismissed. Notice was issued in the special leave petition on 14.12.2015 limited to the question of quantum of punishment. The only issue to be decided is whether the punishment imposed upon him is justified or a lenient view can be taken in the matter.
(3.) Learned counsel for the appellant has drawn our attention to the relevant provisions of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, especially Rule '5' thereof. We are concerned with the portion dealing with major penalties, which reads as follows: "Major Penalties - (vii) compulsory retirement; (viii) removal from Service which shall not be a disqualification for future employment under Government; (ix) dismissal from Service which shall ordinarily be a disqualification for future employment under Government: Provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or (ix) shall be imposed; Provided further that, in any exceptional case and for special reasons recorded in writing any other penalty may be imposed";