PRITHVI SINGH KHEM Vs. HONBLE CHIEF JUSTICE

JUDGEMENT

(1.) The petitioner has challenged the order of dismissal passed by the Chief Justice. The main grievance of the petitioner is that the proceedings initiated by this court under Central Civil Services (Classification, Control and Appeal).Rules, 1965 is without jurisdiction in view of Rule 11 of Delhi High Court Establishment (Appointment and Conditions of Service) Rules, 1972. The petitioner appearing in person covered a large ground by submitting that he being a scheduled caste candidate requested that there would be a reservation for the Scheduled Caste employees and though that was considered by the High Court, he was not promoted and he was asked to undergo a test while some other employees similarly situated were promoted without being put to any test. According to him, all the officers concerned had acted against him and tried to harrass him. In the first instance, the punishment was imposed and he was restored back to service revoking his suspension. But he did not join duty and insisted that his demand should be made before he was asked to join duty. But according to the petitioner, he was fully justified on the facts and circumstances in pressing for his demand. At one point of time Hon'ble the Chief Justice gave him an opportunity to appear before him to ascertain the grievance of the petitioner but the petitioner refused to appear before Hon'ble the Chief Justice.

(2.) As the petitioner used unparliamentary language and did not obey the directions issued by the superior officers, chargesheet was issued and enquiry was held.

(3.) Ultimately'on 27.03.1987 the Chief Justice of the High Court court passed the following order: HIGH COURT OF DELHI: NEW DELHI N0.75 DATED: 27.3.1987 ORDER Whereas a departmental inquiry under Rule 14 of Centrall Civil Services (Classification, Control and Appeal) rules, 1965 was conducted against Shri P.S. Kem, Permanent Restorer/temporary assistant of Delhi High Court to inquiry into the charges served upon him vide Memorandum No. 2910/Estt. Dated 22.02.1985. And whereas, on careful consideration of the report/findings of the Inquiring Authority on the Articles of charge and evidence adduced during the inquiry, Hon'ble the Chief Justice came to the Conclusion that Shri P.S. Kem should be dismissed from service and accordingly he was given an opportunity of making representation on the proposed penalty of dismissal from service within 15 days from the date of receipt of notice which was served upon him on 23.1.1987; And whereas at his request the time for filing the representation if any on the proposed penalty was extended upto 6.3.1987 but instead of giving any representation against the proposed penalty even within the extended time, he chose to make frivolous application dated 6.3.1987 for further time which has been declined. Now, therefore, Hon'ble the Chief Justice vide order dated 19.3.1987 has been pleased to order that the said Shri P.S. Kem being not a fit and proper person to be retained in government service be awarded the penalty of dismissal from service of this Court. Accordingly the said Shri Kem stands dismissed from service with effect from 19.3.1987. By Order Sd/- Registrar