Ujjal Bhuyan, J.

Heard Mr. A. K. Bhattacharjee, learned Senior counsel assisted by Mr. A. Choudhury, learned counsel for the petitioner; Mr. S.K. Medhi, learned Senior counsel assisted by Mr. A. Das, learned counsel for respondent Nos.1 and 2, i.e., Gauhati High Court and Mr. N. Goswami, learned Govt. Advocate, Assam for respondent Nos.3 and 4, i.e., State of Assam.

2. By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 14.06.2012 issued by the Legal Remembrancer and Secretary to the Govt. of Assam, Judicial Department removing the petitioner from Government service from the date of issuance of the said order as well as quashing of resolution of the Full Court of Gauhati High Court dated 08.06.2012, disagreement note of the Portfolio Judge dated 18.04.2012 and the enquiry report dated 15.03.2012.

3. Matter relates to imposition of the penalty of removal from service on the petitioner who was a Judicial Officer.

4. At the outset, it would be apposite to briefly narrate the relevant facts of the case which could be culled out from the writ petition as well as from the materials on record.

5. Petitioner was a member of the Assam Judicial Service. While he was serving as Counsellor, Family Court, Silchar, he was placed under suspension vide notification dated 10.05.2011 issued by the Registrar (Vigilance) of the Gauahti High Court.

6. Registrar (Vigilance) thereafter issued notice dated 22.07.2011 to the petitioner calling upon him to show-cause under Rule 9 of the Assam Services (Discipline and Appeal) Rules, 1964 (1964 Rules) read with Article 311 of the Constitution of India as to why any of the penalties prescribed under Rule 7 of the 1964 Rules should not be inflicted on him on the charges mentioned therein. There were five charges levelled against the petitioner which are as under:-

“Charge No.I

You, Shri Basab Bijoy Bhattacharjee, while working as Civil Judge and Assistant Sessions Judge, Kokrajhar, on 24.06.2010 examined 6 prosecution witnesses in your court chamber instead of court ejlash in Sessions Case No.73 of 2009 under Section 307/323 IPC and you compelled Md. Abu Sayeed Talukdar, the defence counsel for the accused Md. Mohiruddin Sheikh to cross-examine 5 prosecution witnesses out of the aforementioned 6 prosecution witnesses in your court chamber instead of court ejlash.

The above acts on your part amounted to irresponsible and improper conduct. You, thus, acted in a manner unbecoming of a judicial officer violating the provisions of Rule 24A of the Assam Judicial Service Rules, 2003 read with appendix A of the said Rules and Rule 3 of the Central Services (Conduct) Rules, 1964.

You are, therefore, charged accordingly.

Charge No.II

You, Shri Basab Bijoy Bhattacharjee, while working as Civil Judge and Assistant Sessions Judge, Kokrajhar, on 24.06.2010, asked Md. Abu Sayeed Talukdar, the defence counsel for the accused Md. Mohiruddin Sheikh in Sessions Case No.73/2009, under Section 307/323 IPC in your court chamber to pay rupees 2000/- and supply four Kg of Chitol fish to you for passing a judgment of acquittal of the accused Md. Mohiruddin Sheikh in the said case and further told him that on failure to meet your aforementioned illegal demand, you would convict the accused Md. Mohiruddin Sheikh.

The alleged demand of bribe amounted to misconduct, lack of integrity and devotion to duty, failure to maintain professional competence in judicial administration. You thus acted in a manner unbecoming of a judicial officer violating the provisions of Rule 24A of the Assam Judicial Service Rules, 2003 read with appendix A of the said Rules and Rule 3 of the Central Civil Services (Conduct) Rules, 1964.

You are, therefore, charged accordingly.

Charge No.III

You, Shri Basab Bijoy Bhattacharjee, while working as Civil Judge and Assistant Sessions Judge, Kokrajhar, and while hearing argument in Sessions Case No.73 of 2009 under Section 307/323 IPC, in your court cha