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2014 Supreme(Guj) 878

V.M.SAHAI, ABDULLAH GULAMAHMED URAIZEE
C. H. Upadhyay – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: M.B. Gandhi and Chinmay M. Gandhi
For Respondents/Defendant: N.J. Shah, A.G.P.

JUDGMENT :

Abdullah Gulamahmed Uraizee, J.

1. We have heard Mr. M.B. Gandhi with Mr. Chinmay Gandhi, learned Counsel for the petitioner N.J. Shah, learned Asst. Govt. Pleader for respondent No. 1 and A.S. Supehia, learned Advocate for respondent No. 2. The petitioner, a Judicial Officer of the cadre of the Civil Judge (Junior Division) has challenged the order of communication of initiation of departmental inquiry, tentative decision dated 12th September, 2008 as well as final order of dismissal, communicated on 23rd July, 2009 as being illegal and void and for other incidental reliefs under Art. 226 of Constitution of India.

2. The brief facts of the petition are that the petitioner was working as Civil Judge and Judicial Magistrate, First Class, Upleta, District Rajkot. By a confidential communication dated 7th April, 2004 he was informed that the High Court had decided to hold departmental inquiry against him on the following charges:

"STATEMENT OF IMPUTATIONS

That Mr. C.H. Upadhyay was working as Civil Judge (J.D.) and J.M.F.C., Upleta, Dist. Rajkot from 14-6-1999 to 10-6-2002. It was found as under:

Mr. C.H. Upadhyay acted rudely and with insulting manner with the Members of the Bar































































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