Anupinder Singh Grewal, J. - (1.) THE instant writ petition is directed against the order dated 27.11.2008, whereby the petitioner has been dismissed from service. The petitioner has also sought several directions including declaration that the entire disciplinary proceedings are bad in law, and to pay him the entire salary and allowances from 27.01.2002 till date.
(2.) THE petitioner was initially appointed to Rajasthan Judicial Services as a Civil Judge on 08.09.1993. On 25.01.2002 while he was posted as Civil Judge (Junior Division) at Doongla under District Judgeship of Partapgarh, the Administrative Judge had visited the petitioner's court on inspection, and found that certain files and registers were not made available by the petitioner. The Administrative Judge sent a fax massage on 27.01.2002 to Mr. S.R. Gander, Chief Judicial Magistrate, Chittorgarh to proceed to Doongla and arrange a search and seizure of the disposal register, institution register, peshi register, copying application register, file of quarterly returns sent by the officer to the High Court, cause lists from October, 2001 to January, 2002, and all files, applications and other documents including original judgments of the cases purportedly decided by the petitioner while at Doongla, which may be lying at his residence. The CJM was also directed to proceed with caution by taking necessary assistance from police authorities and to take along some lady Constables to carryout the search. The CJM, Chittorgarh then carried out the search of the premises of the petitioner and his Court. This led to an unsavory incident which resulted in the Chief Judicial Magistrate lodging an FIR on 27.01.2002 against the petitioner under Sections 409, 353, 504 IPC, Section 3(i)10 SC/ST Act and Section 3, PDPP Act.
(3.) IN the meantime, the Registrar (Classification) submitted a note on 26.01.2002 pertaining to an incident in the night intervening of 25.01.2002 and 26.01.2002 alongwith copy of fax dated 25.01.2002 sent from Doongla by Private Secretary to Justice N.P. Gupta (Administrative Judge). A note received from Private Secretary to Justice Jagat Singh dated 26.01.2002 and letter of the petitioner received through fax at 1.40 AM on 26.01.2002 were also annexed with the note which was put up before the Registrar General. The Registrar General placed the note before the Chief Justice, whereupon the Chief Justice issued direction to initiate enquiry against the petitioner under Rule 16 of CCA Rules, 1958 (hereinafter referred to as 'the 1958 Rules') and directed that he be suspended forthwith and his headquarter was fixed at Jodhpur. Charge -sheet was issued to the petitioner by enquiry officer under Rule 16 which contained the following charges: "CHARGE No. 1 While Mr. Abdul Naeem Khan was posted and functioning as Civil Judge (JD) & Judicial Magistrate, Ist Class, Doongla, District Chittorgarh (Pratapgarh Judgeship) on 25.1.2002, his court was inspected by Hon'ble Mr. Justice N.P. Gupta, Hon'ble Inspecting Judge of Pratapgarh Judgeship. During the intervening night of 25.1.2002 and 26.1.2002, he without disclosing his identity and telephone No., made telephone call on telephone No. 430361 at odd hours i.e. at 1.00 a.m. of the night at the residence of Hon'ble Mr. Justice Jagat Singh and falsely represented to his Lordship that an urgent message is to be faxed from Hon'ble Supreme Court of India to Rajasthan High Court, so the fax machine of Rajasthan High Court may be put on immediately to receive the fax message, which caused inconvenience to his Lordship, whereas infact no urgent message from the Supreme Court was to be faxed. Thus, he acted in an irresponsible, indisciplined and improper manner, unbecoming of a judicial officer and thereby committed gross misconduct. CHARGE No. 2 While Mr. Abdul Naeem Khan was posted and functioning as above, he without revealing his identity and telephone No. made similar telephone call, soon thereafter to Mr. C.P. Singh, Registrar (Classification), Rajasthan High Court, Jodhpur at his residence and asked him to make the fax machine of the High Court operative immediately for faxing an urgent message from the Supreme Court of India to the Rajasthan High Court, whereas he faxed a complaint against Hon'ble Mr. Justice N.P. Gupta from Udaipur from fax No. 0294 -520005 on 26.1.2002 at about 1.40 a.m. on fax machine located at the residence of Hon'ble Chief Justice, Jodhpur. Thus he further acted in irresponsible, indisciplined and improper manner unbecoming of a judicial officer and thereby committed gross misconduct.";