Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.S.SUPEHIA, R.T.VACHHANI
M.J. Indrekar – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
A.S. SUPEHIA, J.
1. The present writ petition is filed assailing the Notification dated 06.05.2011 passed by the respondent No.1 on the basis of the recommendation made by the respondent No.2-Gujarat High Court, imposing the punishment of dismissal on the petitioner under the provision of Rule 6(8) of the Gujarat Civil Services (Disciplinary and Appeal) Rules, 1971.
BRIEF FACTS :-
2. The petitioner was appointed as a Civil Judge (Junior Division) and Judicial Magistrate (First Class) in 1996. Thereafter, he was promoted to the post of Civil Judge (Senior Division) in 2005. A charge-sheet dated 23.10.2008 was issued to the petitioner, while he was serving as an Additional Senior Civil Judge and JMFC, Anjar, Gandhidham, District Kachchh at Bhuj inter alia alleging that the petitioner had granted an ex-parte mandatory injunction on 27.08.2007 to the plaintiffs (owners of the tankers) of Special Civil Suit No.46 of 2007 despite being fully aware that a criminal complaint filed by one Mr.Rajesh Satyanarayan Chaudhary, Manager of Jay Ambica Oil Carriers, regarding the theft of oil from two tankers involving such tankers, was pending. It was further alleged that the petitioner igno
Judicial officers cannot face disciplinary actions solely for issuing wrong orders; such actions require clear evidence of corruption or misconduct, not mere assumptions.
The judgment emphasizes the need for integrity and probity in judicial officers, highlighting that judicial officers should possess the sterling quality of integrity and that impeccable integrity sho....
Judicial officers cannot be penalized merely for error in judgment; substantial evidence of misconduct is necessary for disciplinary action, reinforcing the duty to protect judicial independence.
The court upheld the dismissal of the petitioner, emphasizing adherence to natural justice and the limited scope of judicial review in disciplinary proceedings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
