Badar Durrez Ahmed, J.

1. In this writ petition Mr. Rakesh Garg, Officer of the Delhi Judicial Services is challenging the order of dismissal from service.

2. The facts are that the petitioner joined the Delhi Judicial Service on 4th November, 1986 and in the year 2000 he was promoted to the Delhi Higher Judicial Service. He was posted as ACMM (Patiala House Courts) on 11th August, 2000 but before he could join, he was transferred to the Labour Court. On 8th December, 2000, judicial work was withdrawn from the petitioner and he was asked to do only administrative work. Since some time had gone by and no inquiry had been initiated, the petitioner made a representation to the High Court in 2002 requesting for judicial work being assigned to him. That, of course, did not happen. Instead, the charge memo dated 12.9.2002 was issued to the petitioner containing five articles of charge. The same reads as under:-

“ARTICLES OF CHARGE

1. The officer Mr. Rakesh Garg(then a DJS Officer) while working as Metropolitan Magistrate, PS Rajinder Nagar, Kirti Nagar and Subji Mandi between 5.4.1999 to 27.5.2000 maintained contact and remained to touch with various hotels and banquet halls falling within his jurisdiction. Hotels Megha Palace and Megha Sheraton fall within the jurisdiction of PS Rajinder Nagar and Rajesh Bhatia owns them. Mr. Rajesh Bhatia (owner) Mr. Bhagat Ram (Manager) of Megha Sheraton hotel were challaned by the Police under Section 28/112 DP Act vide DD No. 33A dated 1.3.2000. This officer dealt with this case between 1.3.2000 and 27.5.2000. The officer made telephone calls from his cell phone No. 9810056432 on telephone Nos. 5788286 and 5788287 on 12.10.1999 and 22.11.1999 respectively. The officer also made calls from the same cell phone on Phone No. 5788286 twice on 1.1.2000. He also received a call from phone No. 5788286 on his cell phone on 30.1.2000.

The telephonic link establishes a close contact, acquaintance link establishes a close contact, acquaintance and dealings between the officer and the owner of the hotels Megha Palace and Megha Sheraton whose matter related to DD No. 33A/2000 was pending in his court and was also being dealt with by him. This act amounts to failure on the part of the office to maintain absolute integrity and also shows that the officer acted in a way which is unbecoming of a judicial officer.

2. The officer during his postings as Metropolitan Magistrate PS Rajinder Nagar dealt with and held trial in a case title State Vs. Rajesh Bhatia (the owner of hotels Megha Palace/Megha Sheraton), FIR No. 210/1995, PS Rajinder Nagar under Section 186, 353, 342, 506 IPC. The officer acquitted this accused vide his judgment dated 9.8.1999. The above said conduct of the officer in dealing with a case of an accused with whom he had acquaintance with him amounts of failure on the part of the officer to maintain absolute integrity. Such conduct also amounts to his doing an act which is unbecoming to a judicial officer.

3. Another hotel Bharat Palace fell within the officer’s jurisdiction. This hotel was challaned under Section 28/112 by the Police vide DD No. 36B dated 2.3.2000. Mr. Sanjay Uppal is the owner of this hotel. In this matter Kalandara seems to have been filed on 8.3.2000 and though Mr. Sanjay Uppal was not challenged yet, the officer ordered him to be summoned for 15.3.2000. This matter was dealt with by the officer till 27th May, 2000 the date upto which he remained in this court. The office made a phone call from his cell phone No. 9810056432 to phone No. 5735129 (Hotel Bharat Palace) which clearly reflects the close association and, link this officer had with the owner of this hotel. Despite this, he dealt with the Kalandra and proceeded with the trial. This act amounts to failure on the part of the officer to maintain absolute integrity. Such conduct also amounts to his doing an act which is unbecoming of a judicial officer.

4. The officer did contact hotel Bharat Palace telephonically on t