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2009 Supreme(Guj) 600

ANANT S.DAVE, K.S.RADHAKRISHNAN
S. J. Pathak Ex. Addl. Sessions Judge – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. Shalin N. Mehta with Mr. Viraj, for the Petitioner No. 1.
Mr. M.R. Mengde, Assistant Government Pleader, for the Respondent No. 1.
Mr. Mihir H. Joshi, for the Respondent No. 2.
Mr. Biren A. Vaishnav, for the Respondent No. 2.

Judgment

K.S. Radhakrishnan, CJ.—Judges are at times poor judges of Judges, especially in judicial administration, this case reveals. Full Court of the High Court in its Chamber Meeting held on 18.11.2005 accepted the report of the Disciplinary Committee consisting of Hon’ble Justices B.J. Shethna and D.K. Trivedi (since retired) in the Departmental Enquiry No. 3/99 and 9/99 and decided to dismiss the petitioner from service. Following the decision of the High Court, the Government issued a Notification dated 13.4.2006 and dismissed petitioner from service. Legality of those proceedings are under challenge in these petitions.

2. Petitioner while working as Assistant Judge at Godhra was served with an order dated 30th October, 1999, placing him under suspension on certain charges of misconduct, pending departmental enquiry. Petitioner was later served with a charge-sheet dated 30.11.1999 stating that while he was working as Assistant Judge and Additional Sessions Judge at Junagadh from 4.5.1998 to 22.2.1999, he had granted various bail orders to accused persons in serious cases for consideration other than judicial one and thereby indulged in corrupt practices and was guilty of dereli
































































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