R.R.Parekh vs High Court Of Gujarat & Anr

2 These proceedings arise from a judgment of the High Court of Gujarat dated 23 February 2012 in an application filed by the Appellant challenging the punishment of dismissal imposed upon him upon a disciplinary inquiry. The Division Bench of the Gujarat High Court found that the charges against the Appellant have been established in one (but not the second) of two disciplinary inquiries in respect of his conduct as a judicial officer in the district judiciary. In view of its findings, the High Court declined to interfere with the punishment of dismissal. That has given rise to these proceedings.

3 The Appellant was recruited as a Civil Judge (Junior Division) and Judicial Magistrate in 1981 in the judicial service of the State of Gujarat. He was promoted as a Civil Judge (Senior Division) in 1996. The charges which emanated against him from a chargesheet dated 31 August 2001 related to his work as a judicial officer when he was posted as Chief Judicial Magistrate at Bhuj from 6 May 1996 to 15 June 1998. Two criminal cases involving offences punishable under Section 135 of the Customs Act 1962 and the Imports & Exports (Control) Act 1947 were tried by him. 4 In Criminal Case 1293 of 1995, the Appellant delivered a judgment on 22 January 1997 convicting the accused, but awarded a sentence of imprisonment less than the minimum prescribed by Section 135. Moreover, the sentence of imprisonment was so structured that after allowing the benefit of a set-off, the accused was not required to remain in jail for a further period. In the second criminal case, Criminal Case 675 of 1994, the trial involved offences inter alia under Section 135 of the Customs Act 1962. Fourteen accused were alleged to be involved in the smuggling of 275 silver slabs of a value of ? 5,86,50,620/-. The trial of two of the accused who are absconding was separated from the rest. By a judgment dated 11 March 1997 the Appellant held the twelve accused who were brought to trial to be guilty of the charges. However, save and except for five of the accused persons, the Appellant awarded less than the minimum punishment prescribed under Section 135. All the accused were granted a set-off. Details of the sentences awarded are contained in the following table:

The Disciplinary Committee took a fresh decision on 4 April 2006 to the effect that there being no evidence about corruption, the finding of the inquiry officer was correct. The Committee, however, reiterated that the conduct of the Appellant should be borne in mind when his case for promotion came up for consideration. When the report of the Disciplinary Committee came up before the Full Court at a Chamber meeting held on 5 March 2007, a reconstituted Disciplinary Committee was called upon to look into the matter again and to issue a notice to show cause to the Appellant. Upon the resolution of the Full Court, the Disciplinary Committee recorded tentative reasons to disagree with the report of the Inquiry Officer and called upon the Appellant to show cause why he should not be held guilty of the charges levelled and be dismissed from the service. The Appellant responded to the notice to show cause and was granted a personal hearing. The Disciplinary Committee arrived at a decision on 1 July 2009 holding the Appellant guilty of the charges of misconduct. The Committee held that as a seasoned judicial officer who was in service since 1981, the Appellant would be aware about the basic principles of sentencing. The Committee rejected the explanation of the Appellant that even if an error was committed by him in awarding less than the prescribed sentence, this was of a bona fide nature. In the view of the Committee, the Appellant ought to have seen the provisions of the Customs Act 1962, and having held the accused guilty, he ought to have considered the provisions for punishment laid down in the statute. The Committee found it difficult to accept that as a judicial officer, the Appellant had passed an order of conviction and sentence without looking at the provisions. The Committee held that an inference could be drawn on the basis of material with regard to the existence of an oblique motive since neither a sufficient nor reasonable explanation was provided by the Appellant. Alternatively, the Committee held that even assuming that there was no oblique motive, the established facts reflected gross negligence and a dereliction of duty on the part of the Appellant. The Committee found the charge of misconduct was established and came to the conclusion that the Appellant should be dismissed from service under Rule 6 of the Gujarat Civil Services (Discipline and Appeal) Rules 1971. The report of the Disciplinary Committee was adopted by the Full Court. The State Government by a notification dated 14 July 2009 dismissed the Appellant from service.

21 We accordingly allow the Appeals in part. We confirm the judgment of the High Court in so far as it rejects the challenge by the Appellant to the finding of misconduct. However, for the reasons which we have indicated above we direct that the order of dismissal from service shall stand substituted with an order of compulsory retirement which shall take effect from 14 July 2009, the date on which the final order of penalty was imposed upon the Appellant.

22 The Civil Appeals are disposed of accordingly. No costs.

.......................................CJI [T S THAKUR] ..............................................J [Dr D Y CHANDRACHUD] New Delhi JULY 12, 2016