(1.) The petitioner, an Ahlmad in the Court of Sub Judge Ist Class, Zira was found guilty of "intentional misconduct on his part..." by the Additional Sessions Judge, Ferozepur vide his order dated July 7, 1988. As a result, he was admonished and warned to be careful in future. On the basis of,this order which has been passed under Section 349 of the Criminal Procedure Code, the District & Sessions Judge, Ferozepur gave a show cause notice to the petitioner calling upon him to explain as to why he should not be removed from service. Vide order dated October 3,1988, the petitioner was actually removed from service.
(2.) The petitioner filed Cr.M.P. No. 9064-M of 1988 challenging the order of Additional Sessions Judge, Ferozepur by which he had been admonished under Section 349 of the Criminal Procedure Code. The petition was accepted and the order of Additional Sessions Judge, Ferozepur was set aside. In view of this factual position, it is apparent that the very basis of the impugned order of removal from service does not exist.
(3.) Even though there is no written statement on the record of this case, Mr. Chopra, learned counsel for the petitioner has produced a copy which was served on him. Even in this reply, which appears to have been filed through Mr. Charan Dass Gupta, Addl. Senior Sub Judge, Ferozepur, it has been admitted paragraph 7 that the criminal misc. petition filed by the petitioner has been accepted.