RAKESH KUMAR GARG Vs. LT.GOVERNOR OF DELHI

JUDGEMENT

(1.) In this writ petition Mr. Rakesh Garg, Officer of the Delhi Judicial Services is challenging the order of dismissal from service.

(2.) The facts are that the petitioner joined the Delhi Judicial Service on 4 th November, 1986 and in the year 2000 he was promoted to the Delhi Higher Judicial Service. He was posted as ACMM (Patiala House Courts) on 11 th August, 2000 but before he could join, he was transferred to the Labour Court. On 8 th December, 2000, judicial work was withdrawn from the petitioner and he was asked to do only administrative work. Since some time had gone by and no inquiry had been initiated, the petitioner made a representation to the High Court in 2002 requesting for judicial work being assigned to him. That, of course, did not happen. Instead, the charge memo dated 12.9.2002 was issued to the petitioner containing five articles of charge. The same reads as under:-

(3.) Another hotel Bharat Palace fell within the officer's jurisdiction. This hotel was challaned under Section 28/112 by the Police vide DD No. 36B dated 2.3.2000. Mr. Sanjay Uppal is the owner of this hotel. In this matter Kalandara seems to have been filed on 8.3.2000 and though Mr. Sanjay Uppal was not challenged yet, the officer ordered him to be summoned for 15.3.2000. This matter was dealt with by the officer till 27 th May, 2000 the date upto which he remained in this court. The office made a phone call from his cell phone No. 9810056432 to phone No. 5735129 (Hotel Bharat Palace) which clearly reflects the close association and, link this officer had with the owner of this hotel. Despite this, he dealt with the Kalandra and proceeded with the trial. This act amounts to failure on the part of the officer to maintain absolute integrity. Such conduct also amounts to his doing an act which is unbecoming of a judicial officer.