IMPORTANT POINT
Enquiry Officer’s recommendation about particular punishment does not matter when disciplinary authority takes independent decision after appreciating materials and evidence on record.

JUDGMENT

Dr. Mukundakam Sharma, J. —

1. This appeal was filed by the appellant herein being aggrieved by the judgment and order passed by the Division Bench of the Bombay High Court dismissing the writ petition filed by the appellant herein.

2. The issue that is sought to be raised in this appeal by the appellant is whether the Disciplinary Authority was justified in imposing on the appellant the punishment of compulsory retirement in terms of Rule 5(1)(vii) of the Maharashtra Civil Services (Discipline & Appeal) Rules, 1979 on the ground that the said appellant-Magistrate was found travelling without ticket in a local train thrice and on each occasion, the behaviour of the said appellant-Magistrate with the Railway staff in asserting that the Magistrates need not have a ticket was improper and constituted grave misconduct.

3. The allegation against the appellant was that she had traveled without tickets on 21.2.1997, 13.5.1997 and also on 5.12.1997 when she was caught. The charges here not only related to such incidents of ticketless travelling but also about misusing her official identity card and for making unnecessary scene on the Railway platform and giving threats to the Railway staff which was considered to be misconduct unbecoming of a judicial officer as per Rule 3(iii) of the Maharashtra Civil Services Conduct Rules, 1979.

4. In order to understand the gravity of the charges and since it was the submission of the counsel appearing for the appellant that she was not responsible for any travelling without tickets, we have to narrate the background facts leading to the issuance of memorandum of charges against her.

5. On 28.5.1992, the appellant was appointed as a Metropolitan Magistrate at Bombay. Allegations were made by the Railway officials against the appellant for three incidents that happened on 21.2.1997, 13.5.1997 and on 5.12.1997. While the appellant on 5.12.1997 boarded the train at Mulund, she was accosted by two ticket collectors during the course of her journey from Mulund to Dadar who asked her to produce ticket or her pass. The appellant, however, stated that she had given her orderly money to buy a season pass which would be produced at the Dadar Railway Station. Even at Dadar Railway Station, she could not produce any ticket for her travel between the stations i.e. from Mulund to Dadar when she was asked to pay the Railway fare and fine for having travelled without ticket from Mulund to Dadar. However, another Metropolitan Magistrate travelling by the next train reached the Dadar Station and on being informed about the plight of the appellant, he came to the Station Superintendent and handed over to the appellant Rs. 102/- which was paid by the appellant to the railway officers against a receipt. Even prior to the said date, it was alleged that the appellant travelled without tickets on two dates i.e. 21.2.1997 and 13.5.1997.

6. On receipt of the aforesaid allegations made against the appellant by the Railway officers, a preliminary inquiry was held, on completion of which a Report was submitted on 25.3.1998 holding that the incidents of ticketless travelling by the appellant on the aforesaid three dates had been established against the appellant.

7. Consequent thereto, a Memorandum of Charges was framed against the appellant and the same was issued on 17.12.1998. There were two specific articles of charges framed against the appellant which were to the following effect:-

1. The petitioner claimed that the Magistrates are not required to buy ticket or pass and are allowed to travel in any local train, in first class without any travel authority for the purpose of attending duties.

2. The petitioner was caught thrice for travelling in first class compartment of local train without ticket / travel authority and when caught the petitioner entered into arguments with ticket checking staff and on 05.12.1997 at about 10:30 to 11 a.m., created a scene and threatened the ticket collectors at Dadar railway stati