HARI KRISHNA VERMA Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) THE petitioner has filed this petition being aggrieved by order dated 2-4-1993 passed by the District and Sessions Judge, Shivpuri, compulsorily retiring him from service, and order dated 29-6-1994 rejecting the appeal filed by the petitioner against the said order.

(2.) THE facts in brief are that the petitioner was initially appointed as lower Division Clerk on 25-9-1972 and was posted at Shivpuri. On 17-5-1977 he was posted as Lower Division Clerk in the Court of Civil Judge, Class II, Pohri. He was granted adhoc promotion as Upper Division Clerk on 18-7-91 and was transferred from Pohri to Pichhore as Reader to the Court of Additional District judge on 24-7-91. The petitioner did not join his place of transfer and applied for leave. He remained on leave till 27-9-91. When he reported for duty at Pohri he was relieved on 4-10-91 and directed to join at his place of transfer at Pichhore. The petitioner joined his transferred place of posting on 21 -10-91 and thereafter from 23-10-91 went on unauthorized leave. As services of a Reader were urgently required, the Additional District Judge, Pichhore requested for a replacement of the petitioner vide his letter dated 30-11-91 and on 16-1-92 one shri Ashok Sharma was transferred in his place and he joined as Reader to the court of Additional District Judge. Pichhore. As the petitioner did not report on duty in spite of repeated reminder/letters written by the Additional District judge, he was reverted to the post of Lower Division Clerk vide order dated 9-1-92 and by another order of the same date he was transferred as Execution clerk in the Court of District Judge, Shivpuri. Thereafter, the petitioner reported at Pichhore on 27-1-92 on which date the Additional District Judge, pichhore did not permit him to join and directed him to join his transferred present place of posting at Shivpuri. Admittedly, the petitioner did not do so and sought clarification from the Registrar General, High Court of M. P. , vide letters dated 26-2-92 and 23-3-92. The District Judge, Shivpuri again directed the petitioner to join his place of posting, but the petitioner did not do so on the ground that no order of transfer had been served on him, though, admittedly he had been informed that he had been reverted and transferred to Shivpuri. As the petitioner did not comply with the order of transfer or the clarification and notices issued by the District Judge, Shivpuri, dated 26-2-92 and 23-3-92, a notice of suspension and a charge-sheet dated 28-4-92 was served upon him.

(3.) AFTER conducting a full fledged Departmental Enquiry, a punishment of compulsory retirement was imposed upon the petitioner, vide impugned order dated 2-4-93. The appeal, filed by the petitioner against the order of punishment, also suffered dismissal vide order dated 29-6-94. Hence this petition.