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2009 Supreme(SC) 124

K. G. BALAKRISHNAN, P. SATHASIVAM
A. U. Kureshi – Appellant
Versus
High Court of Gujarat – Respondent


Advocates appeared:
Sanjeev Kumar and Venkateswara Rao Anumolu, Advs
Sunil Kumar Jain and Aneesh Mittal, Advs.

ORDER

1. Leave granted.

2. The present appeal has been filed against the impugned order of the High Court of Gujarat at Ahmedabad, dated July 25, 2006 which was passed in Special Civil Application No. 6164 of 2002, whereby the High Court has dismissed the said application.

FACTS:

3. The appellant was a Judicial Officer who joined the Gujarat Judicial Service in 1991 and was posted as Civil Judge (Junior Division) at the District Court, Bharuch. The High Court of Gujarat (respondent) received a complaint wherein it was alleged that a case bearing Criminal Case No. 2059/89 under the Gambling Act was listed for hearing in the appellant's Court and that the appellant had acquitted the accused and also returned the money seized from the accused from the scene of occurrence. On the basis of this complaint the respondent issued a charge-sheet to the appellant and the appellant submitted his reply. A departmental inquiry was initiated against the appellant and the concerned Inquiry officer submitted his report to the High Court of Gujarat stating that the charges levelled against the appellant had been proved. On the basis of this report, a show-cause notice was issued to the appellant. The ap








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