Advocate having criminal past – looses Judge post

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Ajaykumar Shankarrao Waghmare, Age 26 years, Occ: Legal Profession, R/o. Samadhan Niwas, Mahavir Nagar, Nanded, Maharashtra had to loose an offered post of Judge when Maharashtra Government found about a criminal case against him.

Bombay High Court has upheld the order of the government and passed strictures on the behaviour of the advocate.

Waghmare who is a Law Graduate was enrolled as an Advocate with the Bar Council of Maharashtra and Goa on 18th July 2009. The Petitioner appeared for the competitive examination held by the Maharashtra Public Service Commission (for short “MPSC”) for appointment to the posts of Civil Judge, Junior Division from the Judicial Magistrate, First Class (for short “the Judicial Post”). He cleared written examination and was called for viva voce. In the list of recommended candidates published by the MPSC on 31st May 2011, his name appeared. The Petitioner scored 110 marks in the written examination and 21 marks in viva voce.

On 10th February 2006, a First Information Report was registered against the Petitioner vide C.R.No.19 of 2006 at Shivaji Nagar Police Station, Nanded, District – Nanded, for the offences punishable under Section 279, 338 and 304A of the Indian Penal Code (for short “IPC”). The allegation in the FIR was that on 6th February 2006 at 8.30 a.m, the Petitioner while plying a motor­cycle gave a dash to one Bhagwan Hari Godbole. It is alleged that Waghmare was driving a motor­cycle in a rash and negligent manner, as a result of which, the said Bhagwan sustained injuries on his person. The said Bhagwan died on 9th March 2006. On 12th October 2010, an order was passed by the learned Judicial Magistrate, First Class, Nanded, in exercise of powers under Section 258 of the Code of Criminal Procedure, 1973 (for short “Cr PC”) by which the proceedings against Waghmare was ordered to be stopped and he was ordered to be discharged for the offences punishable under Section 279, 338 and 304A of the IPC. A charge sheet was filed by the police in the Court of Chief Judicial Magistrate at Nanded on 17th March 2006.

Waghmare filed a civil writ petition vide WRIT PETITION NO.4151 OF 2013 before the Bombay High Court. Rejecting his pleas the bench of Mr. Justice Oka & Mr. Justice Gadkari noted that – “the conduct of the Petitioner which is taken into consideration by this Court for judging his suitability and fitness to hold a judicial post was certainly relevant. The conduct shows that the Petitioner did not maintain the standard of conduct which a judicial officer is expected to maintain.”

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