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BIREN VAISHNAV, NISHA M. THAKORE
Kamleshkumar Kewalram Alwani – Appellant
Versus
High Court Of Gujarat – Respondent
JUDGMENT :
NISHA M. THAKORE, J.
1. The petitioner was a Civil Judge & Judicial Magistrate First Class, by this captioned petition has invoked supervisory writ jurisdiction under Articles 226 and 227 of the Constitution of India read with Articles 14, 16, 235 and 311, assailing the order dated 09.08.2016 terminating the petitioner from his services as Judicial Officer. The writ applicant has also prayed for issuance of writ of mandamus against the respondents to pay salary and all service benefits by treating it as a case of no order of suspension or dismissal. It is also prayed to quash and set aside the award of punishment of dismissal right from inception and to grant all consequential service benefits, as if the petitioner was not terminated. Pending this petition, the prayer was sought to stay the execution, operation and implementation of the impugned order of termination dated 09.08.2016 and to permit him to join the services with all benefits, which is otherwise not granted by this Court.
2. In order to appreciate the controversy involved in the matter, the relevant facts in brief are summarized as under:
2.1 On 11.03.2005, the writ applicant was appointed as a Civil Judge & Jud
Judicial officers must maintain integrity and decorum; misconduct undermining public confidence is serious, but not all charges may warrant maximum punishment.
Judicial officers are held to a strict standard of integrity, and misconduct, including attempts to influence judicial proceedings, justifies removal from service after a fair inquiry process.
In disciplinary proceedings, the burden of proof lies with the charged officer to disprove allegations, and adherence to natural justice is essential for valid outcomes.
The main legal point established in the judgment is that disciplinary proceedings must be based on some evidence, comply with natural justice, and ensure that the penalty is not disproportionate to t....
The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental....
Judicial officers must maintain impeccable integrity; disciplinary actions must be based on established misconduct without procedural violations and adhere to high standards of justice.
The court established that the standard of proof in disciplinary proceedings is the preponderance of probabilities, and the Disciplinary Authority's findings are upheld unless there is a clear violat....
In departmental proceedings, the standard of proof is based on the preponderance of probabilities, and the court will not interfere with the disciplinary authority's findings unless there is a clear ....
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