ORDER

1. Heard the learned counsel for the parties.

2. The appellant was a member of the Higher Judicial Service in the State 9 of Uttar Pradesh. At the relevant time, he was posted as Additional District and Sessions Judge at Etah, Uttar Pradesh. By order dated 17-4-1997, his services were terminated, preceded by an inquiry conducted by a learned Judge of the Allahabad High Court. The inquiry report submitted by the learned Judge was considered in a Full Court Meeting of the Allahabad HighCourt and the report was accepted. Pursuant thereto, his services were terminated. He filed a writ petition before the High Court, which was dismissed after threadbare discussion of the law. Hence, this appeal by special leave.

3. Mr U.U. Lalit, learned Senior Counsel for the appellant, in his usual fairness, confined his submission to the quantum of punishment. It is his say that considering the fact that the offence committed by the appellant is only a fraction and not actuated with malice or dishonesty, the punishment of dismissal imposed on him is disproportionate with the offence charged and proved against him. We are unable to countenance this submission of the learned counsel for the appel