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JUDGMENT

Reportable

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2668 of 2005

Nirmala J. Jhala

…Appellant

Versus

State of Gujarat & Anr.

… Respondents

J U D G M E N T

Dr. B.S. Chauhan, J:

1. This appeal has been preferred against the impugned judgment

and order dated 25.8.2004, passed in Special Civil Application

No.5759 of 1999, by way of which the challenge to punishment order

of compulsory retirement of the appellant has been turned down.

2.

Facts and circumstances giving rise to this appeal are:

A.

That the appellant had joined the Gujarat State Judicial Service

in 1978, and was promoted subsequently as Civil Judge (Senior

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JUDGMENT

Division) in 1992. She was posted as Chief Judicial Magistrate

(Rural) in Ahmedabad. In December 1991, she was trying one

Gautam Ghanshyam Jani in CBI Case No.5 of 1991 for the offence of

misappropriation and embezzlement of public money. The accused

filed a complaint with the CBI on 19.8.1993, against the appellant

alleging that she had demanded a sum of Rs.20,000/- on 17.8.1993 as

illegal gratification, to pass order in his favour, th