G S THAKUR Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner who was a judicial officer has filed this writ petition challenging the order Annexure P-1, dated 29-08-2000, by which he has been punished after a departmental inquiry and his services have been terminated. Challenge is also made to the order Annexure P-14 dated 19-03-2002, by which the appeal filed by the petitioner has been dismissed by the appellate authority, namely, the Governor. The petitioner had joined the State Judicial service as a Class-II Civil Judge after he was appointed on 26-10-1975 vide order Annexure P-2. He was promoted to the higher judicial service on 15-09-1989 vide Annexure P-3. According to the petitioner, right from the date of his appointment in the year 1975 till the impugned action was taken in the year 2000, he had a unblemished service career of more than 25 years. It is his case that during this long period of 25 years, no action was taken against him, he was never warned, reprimanded, nor any charge sheet issued to him or any adverse remark communicated, accordingly, it is his case that he had a unblemished service record.

(2.) In the year 1995, the petitioner was posted as Additional District & Sessions Judge, Bhind, one Shri A.K. Jain was also posted in the same capacity in District Bhind. It is seen from the record that Shri A.K. Jain made a complaint to the effect that one Anil Kumar Sharma with an ulterior motive has conspired with the present petitioner to cause injuries to him, so that Shri A.K. Jain is unable to perform his duties between 13-06-1995 to 16-06-1995. It is stated by Shri A.K. Jain in his complaint that in pursuance to the aforesaid conspiracy, Shri Anil Kumar Sharma came with his Scooter from behind on 13-06-1995 when Shri A.K. Jain was coming to the court in the early morning, dashed against the Scooter in which Shri A.K. Jain, was going to the court, as a result he sustained certain injuries. It is stated in the complaint that father of Anil Kumar Sharma, one Shri Rishab Dev Sharma was implicated in Crime No. 374/94, a criminal case was registered against him for offence under section 307 of IPC, by Police Station Dehat Bhind, Shri Rishab Dev Sharma was absconding and to facilitate grant of bail to Shri Rishab Dev Sharma, the entire conspiracy has hatched to enable the petitioner to hear the bail application in the absence of the complainant Shri A.K. Jain.

(3.) On the basis of the complaint of Shri A.K. Jain, it is seen that a preliminary inquiry was ordered by the High Court. District Judge (Vigilance), was directed to conduct an inquiry into the matter. Finding a prima facie case made out on the basis of the preliminary inquiry conducted by the District Judge(Vigilance), a charge sheet dated 30-12-1997 was issued to the petitioner. The petitioner submitted his reply to the charge sheet vide Annexure P-5 dated 04-05-1998. It is stated that before submitting the reply, vide Annexure P-6 dated 09-01-1998, the petitioner sought for supplying various documents and report of the preliminary inquiry. This was refused by the High Court on 28-03-1998 vide Annexure P-7 and therefore without the documents being made available, petitioner submitted his reply to the charge sheet vide Annexure P-5. Finding the reply to the charge sheet to be unsatisfactory, departmental inquiry was ordered. One Shri S.K.Sharma, District Judge(Vigilance) Gwalior Zone was appointed as Inquiry Officer. In the inquiry, statements of 8 witnesses were examined on behalf of the prosecution, they are Annexures P-9(A) to P-9(H). On the basis of the material that came on record, the Inquiry Officer submitted his report on 18-02-1999. The report of the Inquiry Officer was served on the petitioner alongwith a show cause notice Annexure P-11 dated 07-04-1999. The petitioner submitted his reply to the same vide Annexure P-12 and on the basis of the resolution, which was passed by the Full Court on 08-07-2000 (Annexure R-5), the impugned action was taken. The appeal filed by the petitioner vide Annexure P-13 having been rejected by the Governor vide Annexure P-14 the petitioner has filed the present writ petition.