In this case, the
charges against the Appellant, Chief Judicial Magistrate (CJM) of a District in
Gujarat, was involved in rendering of decisions motivated by corrupt practices or
by oblique motives. The two criminal
cases which were tried by the Appellant CJM involved offences under Section 135
of the Customs Act, 1962 related to the smuggling of 275 silver slabs worth
₹.5,86,50,620/-. The offence invited a punishment of imprisonment for a term
which may be extend up to seven years and with fine. But in the absence of any special
and adequate reasons, such imprisonment should not be less than three years. Disciplinary
action was initiated against the CJM.
The
explanation of the Appellant was that he was recently promoted to the cadre of
CJM and was not aware of the provisions of Section 135. This explanation was
not accepted by the Disciplinary Committee and also by the Full Court of the HIGH
COURT OF GUJARAT (Respondents). They were of the opinion that as a judicial
officer who was in service for over fourteen years, the Appellant could not
have been unmindful of and was duty bound to have read the governing provisions
of the law under which the offence was sought to be established. The Appellant
awarded sentences ranging from three months to five years of imprisonment to
different accused. No reasons appear from the record of the judgment, for
awarding less than the minimum sentence prescribed. They opined that it was inconceivable
that a judicial officer would do so in two successive trials without apprising
himself of the law or the punishment provided by the legislature.
Also
read my book on corruption based on my autobiography:
A FRAUD IN THE INDIAN CONSTITUTION http://www.amazon.in/dp/9352353986
In
the appeal filed by the CJM, the Supreme Court after duly examining the
judgments rendered by the Appellant CJM and merit in the finding of the High
Court, it was held that the Appellant paid no heed whatsoever to the provisions
of Section 135 under which the sentence of imprisonment shall not be less than
three years, in the absence of special and adequate reasons to the contrary to
be recorded in the judgment of the Court.
Most significant is the fact that the Appellant imposed a sentence in
the case of each accused in such a manner that after the order was passed no
accused would remain in jail any longer.
Two of the accused were handed down sentences of five months and three
months in such a manner that after taking account of the set-off of the period
during which they had remained as under-trial prisoners, they would be released
from jail. The Appellant had absolutely no convincing explanation for this
course of conduct.
The
Appellant had been dismissed from service. The submission of the Appellant was
that having regard to the fact that he had an unblemished record of service,
the imposition of the punishment of dismissal would be disproportionate to the
misconduct which had been found to be established. Rule 6 of the Gujarat Civil
Services (Discipline and Appeals) Rules 1971 enunciates disciplinary
penalties. Among them is (i) compulsory
retirement; (ii) removal from service which shall not be a disqualification for
future employment under Government; (iii) dismissal from service which shall
ordinarily be a disqualification for future employment under Government. Having due regard to the nature of the
misconduct which has been found to be established and the totality of circumstances
SC was of the view that the punishment of dismissal should stand substituted by
an order of compulsory retirement. The Appellant has attained the age of
superannuation and would be entitled to his retirement benefits on that basis. They
accordingly allowed the Appeals in part. The judges also confirmed the judgment of the
High Court in so far as it rejected the challenge by the Appellant to the
finding of misconduct. However, for the
reasons which they had indicated above they directed that the order of
dismissal from service should stand substituted with an order of compulsory
retirement which should take effect from 14 July 2009, the date on which the
final order of penalty was imposed upon the Appellant. [Reference: SUPREME
COURT OF INDIA, Civil AppeaL Nos 6116-6117 OF 2016 - Arising out of SLP (C)
Nos.34674 -34675 of 2012- judgment dated JULY 12, 2016
WEB: www.manjaly.net
