ANOOP V. MOHTA, J:

1. The Petitioner (ExJudicial Officer), has challenged order dated 31 October 2006 passed by the Joint Secretary in the name of Governor of Maharashtra by which he was dismissed from the service on the basis of the charges framed against him of the incidents, during his tenure as Assistant Charity Commissioner, Buldhana, after holding Departmental Inquiry, by invoking Rule 5 of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979 (for short, Maharashtra Services Rules, 1979).

2. The Petitioner filed the present Petition on 18 December 2006. Respondent No.2 filed its reply on 4 May 2007 and resisted the contents, as well as, the prayers. The Petitioner filed its rejoinder dated 6 July 2007. This Court admitted the Petition on 28 July 2007, but there was no interim order granted in favour of the Petitioner. The matter was expedited and ultimately heard finally.

3. The Petitioner had passed examination for the Judicial Magistrate, First Class on 4 October 1998, called for an interview and as selected on 1 September 1999, joined as a Judicial Magistrate, First Class at Nagpur. He was confirmed on 1 September 2001 after completion of the probation period. He consented, as asked, for the posting of Assistant Charity Commissioner in January 2003. He was transferred to Shahada, District Nandurbar in June 2003. The Petitioner joined as Assistant Charity Commissioner, Buldhana on 15 December 2003. During his tenure as Assistant Charity Commissioner, Buldhana, he was also given an additional charge of Akola from 15 May 2004 to 15 December 2004. Being Assistant Charity Commissioner, and as instructed he fixed inspection of Shri Gajanan Maharaj Sansthan, Shegaon (the trust) for the period from 19 July 2004 to 23 July 2004.

4. As recorded, there was memoreading in presence of the Trustees on 19 July 2004 after completion of the inspection on 23 July 2004. The Petitioner apprises to the Trustees that the record and the administration of the Trust was satisfactory. The Petitioner completed the inspection and the counter signed Inspection report was made available to the Trust on 8/10 October 2004.

5. In the meantime, based upon an anonymous complaint dated 7 September 2004, unsupported by any affidavit, the District Judge Akola, on 23 September 2004 and 30 September 2004, recorded the statements of two witnesses, but it was also without any supporting affidavit and oath. The District Judge unable to secure the presence of those five Complainants/devotees who had sent the complaint. There was no complaint even made by these two witnesses before making the statements. The inquiry was initiated by the High Court.

6. The Petitioner was transferred back to Nagpur as Judicial Magistrate, First Class and Civil Judge, Junior Division, on 15 December 2004. On 18 December 2004, the Petitioner was placed under suspension.

7. On 5 February 2005, the Petitioner was served with a charge sheet under Rule8 of Maharashtra Services Rules1979, alleging that the Petitioner had fixed a programme for the verification of accounts of the Trust from 19 July 2004 to 23 July 2004 and the Petitioner demanded a bribe of Rs.1,00,000/from Shri Vijay Patil, a Supervisor of the Trust for issuing certificate of correctness of the account in favour of the Trust and thereby committed gross misconduct under Rule3 (1) (i) of the Maharashtra Services Rules1979.

It was further alleged that on 26 August 2004, the Petitioner on telephone directed Shri Gopal Gite, an Accountant of Shri Gajanan Maharaj Sansthan, Shegaon to send one hired vehicle for going to Ujjain and Omkareshwar.

ShriGite sent Tata Sumo Jeep with driver Gajanan Shinde in which the Petitioner had gone to Ujjain and Omkareshwar but refused to pay charges of Rs.4,675/to the jeep driver and the Petitioner told the jeep driver to recover those charges from Shri Gajanan Maharaj Sansthan, Shegaon.

It was alleged that all the above acts show that the Petitioner failed to main