SHAMSHER SINGH Vs. DISTRICT & SESSIONS JUDGE, FEROZEPUR

JUDGEMENT

(1.) The present Latters Patent Appeal is directed against the order of learned Single Judge dated 23.7.1992.

(2.) The facts of the case are as under :

(3.) Appellant Shamsher Singh, Ahlamd in the court of Sub-Judge 1st Class, Zira, was found guilty of misconduct by the learned Additional Sessions Judge, Ferozepur, in his order dated 7.7.1988 made under Section 349 of the Cr.P.C. and he was admonished and warned to be careful in future. On the basis of this order, the District & Sessions Judge, Ferozepur, served a notice on the appellant, calling upon him to show cause as to why he should not be removed from service. The appellant was, thereafter, removed from service vide order dated 3.10.1988, Annexure P3, to the petition. The appellant, thereafter, filed Criminal Misc. No. 9064/M of 1988, challenging the order of the Additional District & Sessions Judge made under Section 349 Cr.P.C. The petition was accepted and the aforesaid order was set aside. The writ petitioner thereafter filed Civil Writ Petition No. 2017 of 1989 seeking a direction to the respondents to reinstate him in service with full back wages. The learned Single Judge in his judgment dated 23.7.1992 held that in the light of the fact that the order made under Section 349 Cr.P.C. had been set aside by the High Court, the very basis of the order against the writ petitioner ceased to exist and the order of removal from service had therefore to be set aside. The court quashed the order Annexure P3 but further observed that as the writ petitioner had not worked on the post of Ahlmad from 3.10.1988 the relief of arrears could not be given to him as there appeared to be some misconduct on his part. It is against this part of the judgment that the present appeal has been filed.