[Civil Appeal No. 2668 of 2005]. This appeal has been preferred against the impugned judgment and order dated 25.8.2004, passed in Special Civil Application No.5759 of 1999, by way of which the challenge to punishment order of compulsory retirement of the appellant has been turned down. Facts and circumstances giving rise to this appeal are: That the appellant had joined the Gujarat State Judicial Service in 1978, and was promoted subsequently as Civil Judge (Senior Division) in 1992. She was posted as Chief Judicial Magistrate (Rural) in Ahmedabad. In December 1991, she was trying one Gautam Ghanshyam Jani in CBI Case No.5 of 1991 for the offence of misappropriation and embezzlement of public money. The accused filed a complaint with the CBI on 19.8.1993, against the appellant alleging that she had demanded a sum of Rs.20,000/- on 17.8.1993 as illegal gratification, to pass order in his favour, through one C.B. Gajjar, Advocate. As it was not possible for the complainant to pay the said amount, the appellant had agreed to accept the same in installments, and in order to facilitate the said complainant's efforts to arrange the said amount in part, she had even granted adjournment. The said complaint filed with the CBI was referred to the High Court and in pursuance thereof, a preliminary enquiry was conducted against the appellant in which statements of various persons including C.B. Gajjar and G.G. Jani were recorded. The Court then suspended the appellant vide order dated 21.1.1994, and directed a regular enquiry appointing Shri M.C. Patel, Additional Civil Judge, City Civil Court, Ahmedabad as the Enquiry Officer.
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