IMPORTANT POINT
Meaning of gratification is not confined to monetary gratification. It can be gratification of money, gratification of power, gratification of lust etc., etc.

JUDGMENT :

1. Leave granted.

2. The appellant was a Judicial Officer. He was appointed as a Judicial Magistrate on 01.03.1985. On 08.02.2001, he was put under suspension and dismissed from service on 15.01.2004. The appellant challenged his writ petition filed before the High Court. The same was dismissed. Notice was issued in the special leave petition on 14.12.2015 limited to the question of quantum of punishment. The only issue to be decided is whether the punishment imposed upon him is justified or a lenient view can be taken in the matter.

3. Learned counsel for the appellant has drawn our attention to the relevant provisions of the Maharashtra Civil Services (Discipline and Appeal) Rules, 1979, especially Rule ‘5’ thereof. We are concerned with the portion dealing with major penalties, which reads as follows:

“Major Penalties –

(vii) compulsory retirement;

(viii) removal from Service which shall not be a disqualification for future employment under Government;

(ix) dismissal from Service which shall ordinarily be a disqualification for future employment under Government:

Provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or (ix) shall be imposed;

Provided further that, in any exceptional case and for special reasons recorded in writing any other penalty may be imposed”

4. Emphasis of the learned counsel for the appellant is on the first proviso wherein it is stated that if an employee is held guilty of accepting gratification other than legal remuneration, as a motive or reward for doing or forbearing to do any official act, the penalty mentioned in clause (viii) or (ix), i.e., removal from service or dismissal from service shall be imposed.

5. We are only concerned with the issue of penalty and we need not go into the entire gamut of facts. However, for the purpose of deciding this appeal, it would be necessary to mention the core allegation made against the appellant. The allegation was that he had a proximate relationship with a lady lawyer and due to this relationship he passed certain judicial orders in favour of her clients, including her mother and brother when they were parties to certain proceedings. Those findings of fact have been upheld by all courts and even this Court has not interfered with those findings and issued notice limited to the quantum of punishment.

6. The first and foremost quality required in a Judge is integrity. The need of integrity in the judiciary is much higher than in other institutions. The judiciary is an institution whose foundations are based on honesty and integrity. It is, therefore, necessary that judicial officers should possess the sterling quality of integrity. This Court in Tarak Singh v. Jyoti Basu [(2005) 1 SCC 201] held as follows:-

“Integrity is the hallmark of judicial discipline, apart from others. It is high time the judiciary took utmost care to see that the temple of justice does not crack from inside, which will lead to a catastrophe in the judicial- delivery system resulting in the failure of public confidence in the system. It must be remembered that woodpekers inside pose a larger threat than the storm outside.”

7. The behavior of a Judge has to of an exacting standard, both inside and outside the Court. This Court in Daya Shankar v. High Court of Allahabad and Others [(1987) 3 SCC 1] held thus:

“Judicial Officers cannot have two standards, one in the court and other outside the court. They must have only one standard of rectitude, honesty and integrity. They cannot act even remotely unworthy of the office they occupy.”

8. Judges are also public servants. A Judge should always remember that he is there to serve the public. A Judge is judged not only by his quality of judgments but also by the quality and purity of his character. Impeccable integrity should be reflected both in