Case Note & Summary
The Petitioner, a Judicial Officer appointed in 2009, was removed from service by the State of Maharashtra under Rule 5(1)(viii) of the Maharashtra Civil Services (Conduct) Rules, 1979, following disciplinary proceedings. The charges related to acceptance of bribe through his peon, Shri Harish Keer, for acquitting an accused in a case under the Protection of Children from Sexual Offences Act, 2012 (POCSO). The Petitioner challenged the removal order by way of a writ petition under Article 226 of the Constitution of India. The Court examined the evidence, including telephonic conversations and testimony of witnesses, and found that the charges were proved on the preponderance of probabilities. The Court held that the disciplinary proceedings were conducted fairly and the findings were based on evidence. The petition was dismissed, and the removal was upheld.
Headnote
A) Service Law - Disciplinary Proceedings - Judicial Officer Misconduct - Rule 5(1)(viii) Maharashtra Civil Services (Conduct) Rules, 1979 - The Petitioner, a Judicial Officer, was removed from service for accepting bribe through his peon for acquittal in a POCSO case. The Court upheld the removal, holding that the charges were proved based on telephonic conversations and evidence of witnesses. (Paras 1-30) B) Evidence Law - Appreciation of Evidence - Departmental Inquiry - Standard of Proof - The Court held that in disciplinary proceedings, the standard of proof is preponderance of probabilities, not beyond reasonable doubt. The evidence of telephonic conversations and testimony of witnesses was sufficient to prove the charges. (Paras 15-25) C) Constitutional Law - Article 226 - Judicial Review - The Court held that the scope of judicial review under Article 226 is limited to examining whether the disciplinary authority followed proper procedure and whether findings are based on evidence. No interference was warranted as the inquiry was fair and findings were supported by material. (Paras 26-30)
Issue of Consideration
Whether the order of removal of the Petitioner-Judicial Officer from service under Rule 5(1)(viii) of the Maharashtra Civil Services (Conduct) Rules, 1979 is sustainable in law.
Final Decision
The Court dismissed the writ petition and upheld the order of removal dated 5th December 2019.
Law Points
- Disciplinary proceedings
- Judicial officer misconduct
- Bribery
- POCSO
- Rule 5(1)(viii) Maharashtra Civil Services (Conduct) Rules
- 1979
- Article 226 Constitution of India
- Standard of proof in disciplinary proceedings
- Appreciation of evidence in departmental inquiry
