HC upholds dismissal of Magistrate from judicial service

"It is hardly expected of a Judge to use the police machinery to get even with rivals," observed a division bench while hearing a petition filed by Chandrahas Mhatre, challenging his dismissal from the post of Magistrate in Kalyan on February 23 last year.

The Magistrate was dismissed after a departmental inquiry against him found him guilty of "misconduct" of influencing police to take action against his brother's political rivals.

The inquiry was ordered after receipt of a complaint by 417 persons from village Kalambusare in Uran alleging that the petitioner had been using his official position to support his brother who was involved in politics.

The complaint also alleged that he had called a meeting of the villagers of his group to instigate them to give false evidence against the rival group of his brother and that due to this behaviour, quarrels frequently took place among the villagers. It was alleged that the petitioner had prevailed upon police to register offence against villagers.

The petitioner was found guilty on two counts -- Firstly, in October 10, 2007, he visited Uran police station to lodge a complaint against his brother's rival group who had allegedly threatened his mother and brother.

Secondly, a year after the incident, he wrote a letter to Navi Mumbai Police Commissioner alleging illegal activities of his brother's rivals and seeking action against them stating that they had made a false complaint to the High Court against him. MORE