D S CHATHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In Writ Petition No. 12085 of 1996, petitioner challenges Annexure P-9 order issued by the Government of Punjab prematurely retiring him from Punjab Superior Judicial Service in public interest in exercise of the powers conferred by clause (a) of Sub Rule (1) of Rule 3 of the Punjab Civil Services (Premature Retirement) Rules, 1979. He also prays for the issue of a writ of mandamus directing the State Government and the High Court of Punjab and Haryana to continue him in service till the completion of the age of superannuation, namely, sixty years of age.

(2.) Short facts necessary for the disposal of this original petition, as stated by the petitioner, are as follows :

(3.) Petitioner, who was born on June 15, 1939, was selected and appointed as Sub Judge-cum-Judicial Magistrate 1st Class on January 7, 1967. His date of superannuation could have been June 30, 1997; but in view of the judgment of the Supreme Court age of superannuation was raised to sixty years and consequently he could have been in service till June 30, 1999. He was promoted as Senior Sub Judge-cum-Chief Judicial Magistrate in 1981 and as Additional District Judge in the State Superior Judicial Service, with effect from December 12, 1985. He was confirmed in that service on April 1, 1990. He continued on that post thereafter. During the tenure as Additional District Judge, according to him, he earned good reports from different Hon'ble Judges of the High Court on the basis of inspection of his work. No adverse report was ever communicated to him. He states that he had an immaculate service record from 1967 to 1995. He was posted as Additional District Judge at Ferozepore in the year 1991. His son-in-law, a practising Advocate, wanted him to attend the wedding of a relation. Because of pre-occupation with the work at Ferozepore, the petitioner could not attend the wedding as desired by his son-in-law. The petitioner wrote a letter explaining the circumstances under which he could not attend the wedding. The letter sent by the petitioner is Annexure P-1. That letter had a post-script. That post-script was written only to humour the son-in-law without taking any serious consequence of it. On the basis of that post-script the confidential report for the year 1993-94 was downgraded to "C-Integrity doubtful", as per Annexure P-3 communication dated October 18, 1995. At that time the petitioner was working as Additional District and Sessions Judge, Sangrur. By Annexure P-4, letter dated October 19, 1995, judicial work pending in the court of the petitioner was withdrawn with immediate effect. Petitioner made representation to the Registrar of the High Court against the above actions. High Court recommended to the Government to pre-maturely retire the petitioner by communication dated October 20, 1995 and the Government prematurely retired the petitioner by Annexure P-9 order dated January 12, 1996.