Sunil Ambwani, J. - (1.) WE have heard learned counsel appearing for the parties.
(2.) BY this writ petition, the petitioner has challenged the order dated 25.9.2003 issued by the Registrar General, Rajasthan High Court at Jodhpur dismissing him from service under the proviso (b) to Article 311(2) of the Constitution of India with immediate effect. The petitioner was initially appointed as Lower Division Clerk in Rajasthan High Court at Jodhpur. He was promoted in due course. At the relevant time when he was dismissed from service, he was serving as Deputy Registrar (Record) in the High Court. A complaint was made against him by one Dr. Sunita Malviya to Hon'ble the Chief Justice alleging that the petitioner approached her at about 7.00 PM on 18th October, 2002 in her Clinic "Valeda Skin and Hair Institute and Cosmetic Surgery Centre, B -7 Shastri Nagar, Jodhpur" in connection with his obesity. He made an indecent proposal to her, giving her two options, namely, that either she may give money to be given to a sitting Judge, who was also Inspecting Judge, or to spend a night with him in a hotel for a favourable decision of her pending case. At that time, Mrs. Prabha Tak, Additional Commissioner, Jodhpur was present in the Clinic for her treatment. She had heard the conversation and after talking to the then Hon'ble Chief Judge, she reported the matter to the Divisional Commissioner, who assured to take up the matter for administrative action. It was further alleged in the complaint that she received a telephonic call on 21st October, 2002 at 5.45 PM, which she did not pick up. On a return call, made by her from the Clinic, the petitioner told her that he is coming to her Clinic. She asked Dr. Ajay Malviya to immediately arrange for a tape -recorder for recording the conversation. She also informed to Mrs. Prabha Tak. At about 6.40 PM, the petitioner came to her Clinic and asked her about the proposal. He again made the indecent proposal to her and talked to the Hon'ble Judge in her presence. On this, the persons called by her to witness the incident, surrounded him. He started crying, apologized and threatened to commit suicide. She also called an Advocate Shri Mohnani, who pleaded to pardon him. A written complaint was made to Hon'ble the Chief Justice on 24.10.2002.
(3.) THE petitioner was placed under suspension and a charge -sheet was issued to him on 19.12.2002 with the statement of charges as follows: - "STATEMENT OF CHARGES FRAMED U/R. 16 OF THE RAJASTHAN CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES 1958. AGAINST SHRI GOVIND KALWANI, DEPUTY REGISTRAR (RECORD), RAJASTHAN HIGH COURT, JODHPUR PRESENTLY UNDER SUSPENSION HEAD QUARTER AT JODHPUR: STATEMENT OF CHARGE NO. 1 That, you Shri Govind Kalwani (now under suspension), while posted as Deputy Registrar (Record), Rajasthan High Court, Jodhpur, and functioning as such, in the evening of 18.10.02 at about 07.00 P.M. went to "Valeda" Skin and Health Institute and Cosmetic Surgery, at B -7, Shastri Nagar, Jodhpur and offered obscene, filthy and pornographic sexual proposal to Dr. Sunita Malviya, the Incharge of the Institute on behalf of yourself as well as in the name of two sitting Hon'ble Judge of Rajasthan High Court to pay money as bribe or to cohabit one night in a hotel with the named sitting Hon'ble Judge (Shri Arun Madan) of the Rajasthan High Court who is also the Inspecting Judge for Jodhpur and for one night with yourself prior to that, assuring that you will get the case, pending against her in the lower court decided in her favour. While talking to Dr. Sunita Malviya, a phone from a person to whom you addressed as one Pushkar was received on your Mobile No. 98290 -23750 whereupon you Shri Kalwani told him that you were going to Justice Bishnoi. That the matter was settled for twelve peties (lacs) and that six peties (lacs) were insufficient for getting his work done. You also told Dr. Sunita while leaving that you were going to Justice Bishnoi, if she wanted, you could also get her setting with Justice Bishnoi. This conduct & action on your part was not proper and thus you transgressed all limits of decency, failed to maintain the dignity and respect towards the Judiciary. This conduct and act of yours besides being unbecoming of an officer amounts to gross misconduct. STATEMENT OF CHARGE NO. 2 That you Shri Kalwani while posted & functioning as stated above in allegation regarding Charge No. 1 in the evening of 21.10.02 at about 06.40 P.M. again went to the Institute of Dr. Sunita Malviya at B -7, Shastri Nagar, Jodhpur and made the proposal to pay money as bribe or to cohabit one night in a hotel, with the named sitting Hon'ble Judge (Shri Arun Madan) of the Rajasthan High Court who is also the Inspecting Judge for Jodhpur and for one night with yourself prior to that, for getting the case, decided in her favour, pending in the lower court against her. By doing so, you Shri Kalwani misused your official position and failed to maintain the dignity of office held by you which amounts to gross misconduct. STATEMENT OF CHARGE NO. 3 That you Shri Kalwani, while posted & functioning as stated above in the statements of allegation regarding Charges No. 1 and 2 in the evening of 21.10.02 at about 06.40 P.M. again went to the Institute of Dr. Sunita Malviya at B -7, Shastri Nagar, Jodhpur and asked her as to what had she thought of the proposal made by you. You also told her that you would just now arrange her talk with Justice Madan Saheb, he may ask her to come down to Jaipur and in that case she will have to accompany you to Jaipur or she will have to spend one night with him when he comes to Jodhpur but it will not be day time and you repeated that first she would have to sleep with you. You then told Dr. Sunita that you had already talked to Madan Saheb -he has an eye on her - because she is sexy and beautiful. You, then phoned Justice Madan and told him to help Dr. Saheb at Jodhpur, rest you would talk later on. Thereupon, Dr. Ajay Malviya, Mr. Manish Mirdha, Mr. Ramesh rounded you up. At that time, you first tried to be innocent than started weeping and apologizing and said that either you be pardoned or else you would commit suicide. In the meanwhile Shri Mohnani, Lawyer of Dr. Sunita came, who asked her to pardon you. Manish Mirdha holding your hands asked you to apologize in writing. Then Prabha Tak also came and scolded you. After much bickering by you Dr. Ajay let you go. These acts on your part are unbecoming of an officer of the Rajasthan High Court and thereby you have committed gross misconduct. STATEMENT OF CHARGE NO. 4 The aforesaid acts of yours as narrated in statement of allegation of charge No. 1 to 3 which have been widely published by the news papers and telecasted by the different channels viz. The Jodhpur Edition of Rajasthan Patrika and Dainik Bhaskar as well as telecast by the Star Plus and Aaj Tak have tarnished the image and credibility of the Judiciary as an Institution, brought disrepute to the Rajasthan High Court and you have thus attempted the character assassination of the Judges of this Court by saying such things against them which were false to your own knowledge and you have thus committed gross misconduct. Sd/ -DISCIPLINARYAUTHORITY.";