Judgement

JAGANNATHA SHETTY, J.:- This Writ Petition under Art. 32 of the Constitution is directed against the order dated June 17, 1983 by which the petitioner has been dismissed from the service.

2. The petitioner was a member of the U.P. State Judicial Service. He was appointed as Munsif on January 27, 1979 and posted at Aligarh. When he was working at Aligarh he sought permission of the High Court to study LL.M. course of the Aligarh University. He appeared for 1st Semester examination in July 1980. He was found to have used unfair means in the examination. The Registrar, Aligarh Muslim University, informed the District Judge, Aligarh that the petitioner was found copying from the manuscript lying with his answer book. The District Judge thereupon communicated all the information to the High Court. Upon receipt of the information, the High Court referred the matter to Vigilance Cell with the direction to conduct necessary inquiry into the matter. The Cell submitted its report on September 18, 1980 which was placed before the Administrative Committee. The Committee resolved that disciplinary proceedings be initiated against the petitioner and he in the meanwhile be placed under suspension. In pursuance of the said resolution the petitioner was placed under suspension and the Disciplinary inquiry was entrusted to Honble Mr. Justice H. N. Seth.

3. The Inquiry Officer framed charge-sheet in the following terms :

"You appeared in the 1st Semester LL.M. Examination of the Aligarh Muslim University, Aligarh on 7-7-80 from 8 a.m. to 11 a.m. and while answering Jurisprudence Paper, you were found using unfair means at about 9.30 a.m. by writing from a manuscript which was lying in between your answer book and question paper by the Invigilator Sri M. Mushir Alam of the Aligarh Muslim University, Aligarh who handed over the answer-book and the manuscript to the Head Invigilator Sri Shariful Hasan, Lecturer, Law Department of the said University, thereby lowered your reputation for honesty and integrity and thus you exhibited an unworthy conduct wholly inconsistent with the dignity of the office you occupied."

4. In the course of the inquiry two witnesses were examined on behalf of the prosecution as against three in defence by the petitioner. The Inquiry Officer after considering the evidence submitted a report holding the petitioner guilty of the charge. He also held that he was unbecoming of a judicial officer.

5. The above report was considered in the Full Court meeting of the High Court held on August 21, 1982. The Full Court accepted the report of the Inquiry Officer and the findings recorded by him. The Full Court also recommended to the State Government to remove the petitioner from service.

6. On August 26 , 1982 the recommendation of the Full Court was sent to the State Government to issue necessary orders. On October 5, 1982 the petitioner filed Suit No. 408 of 1982 in the Court of Munsif Koil for declaration that he did not use, any unfair means in the LL.M. examination. In the said suit the petitioner did not refer to the disciplinary proceeding initiated by the High Court for the malpractices committed by him in the examination. On June 7, 1983 the petitioner moved the Supreme Court with an application to transfer his suit No. 408 of 1983 from the Court of Munsif Koil to outside the State of U.P. That is the Transfer Petition No. 189 of 1983 in which this Court on June 7, 1983 issued the following order :

"...........further proceeding in suit No. 408 of 1982 entitled Daya Shankar v. Aligarh Muslim University and others pending in the Court of Munsif, Koil, Aligarh (U.P) and the enquiry conducted by the High Court be and are hereby stayed."

7. On June 17, 1983 the Governor made an order removing the petitioner, from service with immediate effect. The validity of that order has been called into question in the writ petition.

8. Mr. Govinda Mukhoty, learned counsel for the petitioner raised two contentions. Firstly, he contended t