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T.S. Thakur#D.Y. Chandrachud#228SC3020Judgment/OrderAIR#AWC#CuLR#CurLR#ELT#ESC#FLR#GLT#INSC#JLJR#LabIC#LLN#MANU#MLJ#PLJR#SCALE#SCC#SCC(LS)#SCJ#SCR#SCT#SLR#WLND.Y. Chandrachud,SUPREME COURT OF INDIA2016-7-1522866,17163,17176,22822,22817 -->
MANU/SC/0767/2016
True Court CopyTM EnglishTrue Court CopyTM Gujarati
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 6116-6117 of 2016 (Arising out of SLP (C) Nos. 34674-34675 of 2012)
Decided On: 12.07.2016
Appellants: R.R. Parekh Vs. Respondent: High Court of Gujarat and Ors.
Hon'ble Judges/Coram:
T.S. Thakur, C.J.I. and D.Y. Chandrachud JUDGMENT
D.Y. Chandrachud, J.
1. Leave granted.
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 w........