PARVEEN BALI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner Parveen Bali, Ex-Additional District & Sessions Judge, has filed the present writ petition inter alia praying for quashing of the impugned order dated 14.06.2011 (P13) communicated on 24.06.2011 whereby her services as member of the Punjab Superior Judicial Service were dispensed with by respondent No.2 on the recommendation of the Punjab and Haryana High Court, Chandigarh. Accordingly, a direction is prayed for to reinstate her in service from the date when her services were dispensed with; along with all consequential benefits.

(2.) For the facts noticed hereinafter and for the reasons as noticed herein under, we are of the view that the present writ petition deserves to be allowed and is so ordered.

(3.) Learned senior counsel based upon the pleadings in the writ petition submits that the petitioner had completed her Bachelors Degree in Law in the year 1994. In the year 1999, she had taken the Punjab Civil Service (Judicial Branch), Examination. It is pleaded and only to be noticed as fact but not relevant with the present controversy, that the petitioner could not secure 50% marks in the combined written examination and viva voce which was not the condition for the reserved category candidates. She challenged the said action by way of filing the writ petition i.e. CWP No.10220 of 2001 (Surinder Kumari &Anr. vs. State of Punjab and Ors.). In the meantime, the petitioner again appeared for PCS (JB) Examination in the year 2001. In this examination, she is stated to have secured 8th position in written exams in general category and 10th position in general category after viva voce and 58 % marks in aggregate of written and viva voce. She is stated to have secured first position in the reserved category of Scheduled Caste to which the petitioner belongs. It is pleaded that the petitioner was offered appointment letter. Although she did not fall amongst the tainted candidates yet her appointment was quashed.