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2015 Supreme(Guj) 264

RAVI R.TRIPATHI, MOHINDER PAL
A. M. DESAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates:
Advocate Appeared:
MR PERCY KAVINA, Senior Advocate, with MR BIREN A VAISHNAV, MR HA SHAH, Advocate for the Petitioners.
MR RASHESH RINDANI, AGP, MR SHALIN MEHTA, Senior Advocate with MR HEMANG M SHAH, Advocate for the Respondents.

JUDGMENT

MOHINDER PAL, J.

1. This petition has been filed under Article 226 of the Constitution of India challenging notification dated 14.09.2011 of the Legal Department, State of Gujarat, dismissing the petitioner from service of Civil Judge (Senior Division) & JMFC, on the basis of the recommendations of the High Court (on its administrative side).

2. Petitioner joined the judicial service as Civil Judge (Junior Division) & JMFC on 24.10.1991. In July 2000, he was promoted as Civil Judge (Senior Division). On 10.10.2001 while in service, a charge-sheet was served upon the petitioner alleging that, while he was working as JMFC at Surat, an accused Jasubhai Oad, facing Criminal Case No.751 of 1987 pending with Metropolitan Court at Ahmedabad, had contacted him to settle the case by misplacing the file. In this regard, Jasubhai Oad, in all, would pay a sum of rupees one lakh, out of which Rs.50,000/-was to be paid immediately and the remaining Rs.50,000/-was to be paid within a period of 2-3 months. As the second installment of Rs.50,000/-was not paid, it was decided that the petitioner would be paid interest @ 4% per month on the remaining amount of Rs.50,000/-. The amount of inter






































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