JUDGMENT - DEVADHAR J.P., J.:—The question raised in this petition is whether the Disciplinary Authority is justified in compulsorily retiring a Metropolitan Magistrate from service under Rule 5(1)(vii) of the Maharashtra Civil Services (Discipline Appeal) Rules, 1979 on the ground that the said Magistrate was found travelling without ticket in a local train thrice and on each occasion the behaviour of the said Magistrate with the Railway Staff in asserting that the Magistrates need not have a ticket was improper and constituted grave misconduct. According to the petitioner, the first instance of alleged ticketless travelling is a concocted one and the other two instances of ticketless travelling were due to unavoidable circumstances for which penal charges have been promptly paid by the petitioner and, therefore, the levy of major penalty is wholly unwarranted and the same is totally disproportionate to the offence committed. According, to the respondents, apart from ticketless travelling, the conduct of the petitioner on each of the three occasions in creating a scene at the railway station by asserting that the Metropolitan Magistrates have a right to travel without ticket and

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