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2008 Supreme(Guj) 382

M.S.SHAH, RAVI R.TRIPATHI
YOGESH M. VYAS – Appellant
Versus
REGISTRAR, HIGH COURT OF GUJARAT – Respondent


ADVOCATES APPEARED:
Jal Soli Unwala, for the Petitioner.
J. B. Pardiwala for Respondent No.1.
Government Pleader, for Respondent No.2.
Rule not Recd. Back for Respondent No.2.

Judgment

Mohit S. Shah, J.—This petition under Article 226 of the Constitution is directed against the High Court order dated 27.04.2005 and the Government notification dated 16.08.2005 compulsorily retiring the petitioner, a judicial officer holding the post of Civil Judge(SD) and Judicial Magistrate First Class, from service after a disciplinary inquiry.

2. The facts leading to filing of this petition, briefly stated, are as under :—

2.1 The petitioner who was born on 07.05.1955, joined judicial service on 09.11.1981. After his appointment to the post of Civil Judge(JD) and JMFC, the petitioner was posted at Navsari and was thereafter transferred to different places, such as Pardi, Valsad, Devdhar, Bharuch, Savli, Visnagar and Baroda. The petitioner was thereafter promoted to the post of Civil Judge(SD) on 10.06.1996 and was posted at Amreli.

2.2 The petitioner was placed under suspension by order dated 16.12.1997(which order was implemented on 17.12.1997) in view of the contemplated departmental inquiry on the basis of allegations made against the petitioner that during his tenure as Civil Judge(JD) and JMFC, Visnagar between 15.06.1992 and 12.06.1994, the petitioner had granted ba


























































































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