VIJENDRA PAL SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order of removal dated 11.7.1997, Annexure-9 to the writ petition. The petitioner has also prayed for issuance of a writ, order or direction in the nature of mandamus commanding the respondents to take the petitioner in service without any interruption or break and further to pay all the benefits as admissible under Rules.

(2.) Affidavits have been exchanged and we have heard Sri S. U. Khan, learned counsel for the petitioner and Sri Sudhir Agarwal, learned counsel for the respondents.

(3.) The petitioner is a direct recruit to Higher Judicial Service and he joined the service on 7.12.1986. From June. 1991 till May 31, 1994, the petitioner was working as Additional District and Sessions Judge at Budaun. At Budaun he performed the duties of Incharge District Judge from September, 1992 till June 1, 1993. The District Magistrate and the Superintendent of Police, Budaun, made complaints against the petitioner. The District Judge called for comments of the petitioner which was submitted by him. The District Judge reported his observations on the complaint. The then Inspecting Judge recommended that regular disciplinary enquiry be instituted against the petitioner on 2.6.1995. The petitioner was placed under suspension by order dated 4.11.1995. The charge-sheet was issued against the petitioner on 10.4.1996 and six charges were levelled against him. The petitioner submitted his reply to the charge-sheet. The Inquiry Judge submitted her report on 8.10.1996 and held the petitioner guilty of the charges No. 2, 3, 4 and 5. He was exonerated from the charges No. 1 and 6. The Inquiry Judge's recommendations were placed before the Administrative Committee and before the full court which recommended for punishment of removal of the petitioner from service. The respondent No. 1 accepted the recommendations and passed the order of removal on 11.7.1997, which is impugned in this writ petition.