- (1.) Petitioner has filed this petition under Article 226 of the Constitution of India challenging the order dated 27.1.2016 as well as the recommendations which were made the basis for passing of the order dated 27.1.2016. It has been further prayed that the inquiry initiated vide memorandum dated 7.8.2015 (Annexure-4) be set aside.
(2.) Case of the petitioner, in brief, is that he had stood first in the District Judge Examination, 2013 conducted by Rajasthan High Court, Jodhpur. Thirty-nine candidates were selected by way of direct recruitment from advocates' quota. Petitioner had been practicing as a lawyer for twelve years in the High Court and was appointed as Additional District and Sessions Judge vide order dated 15.7.2013 (Annexure-6). Petitioner joined his duties as Additional District and Sessions Judge at Bharatpur on 18.7.2013. Petitioner had discharged his duties diligently and there was no adverse report against him. Petitioner then joined as Presiding Officer, Labour and Industrial Tribunal, Bharatpur on 6.5.2014 vide order dated 5.5.2014. Petitioner earned outstanding/excellent reports during his tenure as Judge, Labour and Industrial Tribunal, Bharatpur from 6.5.2014 upto 31.12.2014. The Annual Confidential Report (hereinafter referred to as 'ACR') for the year 2013 conveyed to the petitioner was 'Very Good'. Petitioner was then posted as Sessions Judge, Anti Corruption Department Cases, Bharatpur vide order dated 24.2.2015. Vide letter dated 1.9.2015 (Annexure-12), petitioner was conveyed his ACR for the Part-I and Part-II of the year 2014, and the same reads as under:- 2014-I: Very Good 2014-II: Good. Need to improve his judicial work since I am still the Inspecting Judge of District Bharatpur and this officer is posted there as Spl. Judge ACD. It is informed that an enquiry has been initiated against him u/r 16 of the CCA Rules. As a advisory remark Officer has to concentrate on Judicial Work and improve quality."
(3.) Petitioner inspected his ACR for the year 2014 and the same has been reproduced in Para-15 of the petition, which reads as under:- 1. Integrity of the Officer Above Board 2. If he is fair and impartial in dealing Yes with the Public and the Bar. 3. If he is cool-minded and does not Yes show temper in court 4. His private character, if such as to No lower him in the estimation of the public and adversely affected the discharge of his officials duties 5. Capacity of handle files systematically Good 6. Whether judgments on facts and law Yes are, on the whole, sound, well reasoned and expressed in good language? 7. Whether the disposal of work is Yes adequate? 8. Control over the office and Good administrative capacity and tact. 9. Capacity to control the proceedings in Good court, with firmness and follow the procedure prescribed by law. ;