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2001 (8) TMI 1383 - SC - Indian Laws

Issues involved:
The appeal against the High Court's order dismissing a writ petition challenging disciplinary proceedings leading to termination.

Disciplinary Proceedings - Grant of Bail Orders:
- Appellant faced nine charges, mainly related to bail orders granted in 19 cases during his tenure.
- Enquiry Officer found some charges not proved, some partly proved, and some where bail should have been granted earlier.
- No specific evidence of mala fide reasons for the bail orders was presented.
- Cited cases like Union of India vs. A.N.Saxena and Union of India vs. K.K.Dhawan to establish grounds for disciplinary action in judicial actions.

Judicial Integrity and Duty:
- Emphasized the importance of protecting honest judicial officers from frivolous complaints to maintain an independent judiciary.
- Criticized the initiation of disciplinary proceedings without substantial evidence reflecting on the officer's reputation, integrity, or good faith.

Other Charges:
- Appellant found guilty in two other charges, one related to a stay order in a consumer dispute and the other regarding the appointment of a gardener.
- Court deemed these actions as bona fide and not amounting to misconduct.

Conclusion:
- Found the Enquiry Officer's findings lacking legally acceptable evidence to support misconduct charges.
- Set aside the High Court's order, directed immediate reinstatement of the appellant with all benefits.

Note: Separate judgment not mentioned.

 

 

 

 

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