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2024 Supreme(Bom) 427

JITENDRA JAIN, A. S. CHANDURKAR
Pradeep Hiraman Kale – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Mr. Nitin Gaware Patil with Mr. Divyesh K Jain, for the Petitioner; Mr. Milind More, Addl. G. P., Dr. Milind Sathe, Senior Advocate, with Mr. Rahul Nerlekar, for the Respondent.

JUDGMENT

Jitendra Jain, J. - Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. By this Petition under Article 226 of the Constitution of India, the Petitioner seeks to challenge the order dated 5 th December 2019 passed by Respondent No.1, whereby Respondent No.1 has removed the Petitioner-Judicial Officer from the Government Service in exercise of the powers conferred by Rule 5(1)(viii) of the Maharashtra Civil Services (Conduct) Rules, 1979.

Brief facts are as under:-

3. The Petitioner was a Judicial Officer appointed in 2009 by Respondent No.l-State. Pursuant to complaints received, the Petitioner was served with Articles of Charge on 5 th July 2017 by framing three charges. Alongwith the Articles of Charge, the Petitioner was furnished with statement of imputation, copy of anonymous complaint along with compact disc (CD), copy of complaint dated 16th December 2013 of Shri. Bilal Sultan Mistry, copy of conversation recorded in the CD, copy of complaint dated 18th January 2014 from Shri. Babbu Mehbul Khan and copy of conversation recorded in the CD sent by the said complainant, report of Principal District Judge, Ratnagiri alongwith annexures and copy

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