(1.) PETITIONER , a Judicial Officer has been awarded punishment of compulsory retirement from service vide the impugned order dated 30.12.2008 (Annexure P -6) by the respondent No. 1 pursuant to an inquiry conducted against him, wherein he was found guilty of service misconduct. Present petition has been filed challenging the aforesaid order with a further prayer for reinstatement of the petitioner in service with all consequential benefits.
(2.) VALIDITY of the impugned order has been assailed primarily on two counts. (1) That copies of the statements of the witnesses recorded during the course of inquiry were not supplied to the petitioner enabling him to submit his reply resulting in violation of principles of natural justice. (2) There is no evidence on record to establish the charge of misconduct against the petitioner.
(3.) WHEN this case came up for hearing on 10.9.2010 the Court recorded following order: - "Present: Mr.A.S. Nabhewala, Advocate, for the petitioner(s). Learned counsel wants to show that rights of the petitioner vested by virtue of statutory Rules have been violated causing serious prejudice to the rights to the petitioner. In the context of facts, substantially it has been admitted that the clerk had paid the premium for insurance of the petitioner. Adjourned to 25.11.2010. 10.09.2010 Shivani Sd/ - (AJAI LAMBA) JUDGE"