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2007 Supreme(Del) 445

H.R.MALHOTRA, SWATANTER KUMAR
LAXMAN SINGH SOLANKI – Appellant
Versus
LT. GOVERNOR OF NCT OF DELHI – Respondent


Advocates Appeared:
AHMED ABBASI, ANOOP BAGI, IMRAN, VINAY KUMAR GARG, VIRAJ R.DATAR


SWATANTER KUMAR, J.

( 1 ) THE Lt. Governor of National Capital Territory of Delhi vide order dated 25th August, 2005 had compulsorily retired Mr. L. S. Solanki, member of Delhi judicial Service. The legality and correctness of this order is challenged by the petitioner on the following grounds :-

(i)Articles of Charge for which the petitioner has been found guilty are based on no evidence. (ii)The said Articles of Charge are vague, uncertain and cannot in law form basis of guilt. (iii)The impugned order suffers from the vice of non-application of mind by the disciplinary authority as the Inquiring Authority had found the petitioner guilty of only Articles of Charge 1 and 3, and Articles of Charge 2, 4 and 5 in the opinion of the Inquiring Authority had not been proved but the Disciplinary authority had proceeded on the basis as if all the Articles of Charge were proved against the petitioner. (iv)In terms of the judgment of the Supreme Court in the case of Managing director, ECIL, Hyderabad and Others Vs. B. Karunakar and others (1993) 4 SCC 727, the impugned order and the proceedings stand vitiated for the reason that no show cause notice was served upon the petitioner particular








































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