Important Point
Although the Court cannot sit in appeal over the findings by the Disciplinary Authority or the Enquiry Officer in a departmental en­quiry it does not mean that in no circumstance can the Court inter­fere.

JUDGMENT

S. Saghir Ahmad, J.

The appellant has approached this Court against the judgment and order dated 21.6.1996 passed by the Bombay High Court which had dismissed the Writ Petition by which the appellant had challenged the order dated 8.11.1993 (20.11.1993) dismissing him from service after the disciplinary proceedings in which it was found that the appellant was guilty of the charges framed against him.

2. The appellant was appointed as Civil Judge, Jr. Division, on 18.2.1974 and was thereafter promoted as Civil Judge, Senior Division in August, 1983. He was further promoted as Addl. District & Sessions Judge in September, 1987.

3. In June, 1990, while the appellant was posted at Amravati, two Sessions Trials No. 28 of 1982 and 37 of 1987, in which one Deepak Trimbakrao Deshmukh, on whose complaint appellant was ultimately dismissed from service, was involved as an accused. Both the cases related to a murder in which the appellant had refused long adjournments on the ground that the matters were old. In July, 1990, the accused Deepak Trimbakrao Deshmukh filed a transfer petition before the Nagpur Bench of the Bombay High Court for the transfer of the case from the appellant’s court to some other court on the ground that one Shri Patil, Advocate, who was opposed to Deepak Trimbakrao Deshmukh, was very close to the appellant and, therefore, Deepak Trimbakrao Deshmukh apprehended that he would not get justice from the appellant’s court. This was registered as Transfer Petition No. 701 of 1990. On 10th of August, 1990, the accused Deepak Trimbakrao Deshmukh filed another Transfer Petition (No. 812 of 1990) on the allegation that his Advocate (Shri Bapat) had assured him of his acquittal in the case, provided he would pay Rs. 20,000/- to him as his fee. An interim order was passed in this case by which the proceedings in the Sessions Trial were stayed. On 18th September, 1990, however, Deepak Trimbakrao Deshmukh withdrew both the Transfer Petitions.

4. Thereafter, Deepak Trimbakrao Deshmukh made a complaint against the appellant to the High Court as a result of which the appellant was placed under suspension by order dated 22nd April, 1992 which was served upon the appellant on 27th April, 1992. Thereafter, through letter dated 22nd May, 1992, a chargesheet along with the statement of imputations, list of witnesses and list of documents, proposed to be relied upon against the appellant, were issued to the appellant. The following two charges were mentioned in the chargesheet:-

“1. That while you were working as 2nd Additional Sessions Judge, Wardha, Sessions trial No. 28/82 and 37/87 were pending before you in which Deepak Trymbakrao Deshmukh was an accused. You had a meeting with said accused at the residence of Dr. Naranje Rashtrabhasha Prachar Samiti Road, Wardha on 23.11.90 when you assured him of acquittal on payment of Rs. 10,000/- in each case and that you thereby indulged in corrupt practice amounting to gross misconduct.

2. That on 18.12.1990 at about 8.00 P.M. at the residence of Dr. Naranje, Rashtrabhasha Prachar Samiti Road, Wardha, you made a demand of Rs. 10,000/- from Shri Deepak Trymbakrao Deshmukh, resident of Wardha, Taluka Arvi, District Wardha, as consideration for his acquittal in Sessions Trial No. 37/87 under Section 302 etc. I.P.C. and that you thereby indulged in corrupt practice amounting to gross misconduct.”

5. The appellant filed his reply on 18th June, 1992 in which the charges were denied and it was stated by the appellant that Deepak Trimbakrao Deshmukh had made a false complaint against him so that his cases may not be tried by the appellant. On a consideration of the reply submitted by the appellant, the Disciplinary Authority, not being satisfied by the reply, decided to hold a departmental enquiry against the appellant and, therefore, by its order dated 3rd August, 1992 appointed Mr. G.B. Asma, Joint District Judge, Akola, as the Enquiry Officer.

6. After completion of enquiry, the Enquiry Officer