JUDGMENT

K. Ramaswamy, J.-This is an appeal by certificate granted by the Bombay High Court, Nagpur Bench on July 11, 1996 in Writ Petition No. 3095 of 1995 certifying that it is a fit case to file appeal against the judgment dated April 26, 1996 passed by that Division Bench.

2. The admitted facts are that the first respondent was working a Probationer Civil Judge, Junior Division and Judicial Magistrate, First Class at Pathri in District Parbani, Maharashtra between December 12, 1990 and March, 5, 1991. He was charged with the imputation that he had demanded illegal gratification from an Advocate, Ashok S. Kharkar of the District Bar for deciding in his favour an injunction application filed by the plaintiff in R.C.S. No. 150/90 titled Uttam Depale v. Sardarkhan Hasankhan and thereby he indulged in corrupt practice which amounted to gross misconduct. It was further alleged that he did not pass orders in the said injunction application; manipulated the judicial records by getting the roznama written through a Court Clerk showing that the matter was fixed on five occasions after the arguments were concluded with a view to achieve his ulterior motive, viz., demand of illegal gratifi