VIGILANCE MANUAL VOLUME III - AP Online

908 DECISION - 503
swayed by insignificant discrepancies or narrow technicalities or
dictionary meaning of the expression “molestation”. They must
examine the entire material to determine the genuineness of the
complaint. The statement of the victim must be appreciated in the
background of the entire case.
The Supreme Court set aside the order of the High Court
and upheld the departmental action.
(503)
(A) Misconduct — in judicial functions
Magistrate proceeded against for misconduct
committed in the trial of a case.
(B) Inquiry report — disciplinary authority disagreeing
with findings
(C) Disciplinary authority — disagreeing with Inquiry
Officer
Where Disciplinary authority differs with the Inquiry
Officer, not necessary to discuss materials in detail
and contest the conclusions of the Inquiry Officer.
High Court of judicature at Bombay vs. Shashikant S. Patil,
2000(1) SLJ SC 98
The first respondent, while functioning as Judicial Magistrate
of First Class at Ahmadnagar acquitted the accused in a Police case
and was alleged to have issued a warrant of arrest against the
complainant in the said case at the behest of the accused, and the
complainant was arrested and paraded through the streets of his
locality. The Joint District Judge conducted the inquiry and held him
not guilty of the charges but the Disciplinary Committee of the High
Court consisting of five judges disagreed with the findings and issued
a show cause notice proposing to impose a penalty of dismissal. On
a consideration of the representation, the Disciplinary Committee
recommended imposition of the penalty of compulsory retirement
and the Governor issued orders accordingly.