LAWS(P&H)-2018-10-57

JASBIR SINGH Vs. STATE OF PUNJAB AND ANOTHER

Decided On October 05, 2018
JASBIR SINGH Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) This order shall dispose of two Civil Writ Petition Nos.17202 and 2085 of 2008 filed by petitioner-Jasbir Singh, the former Addl. Civil Judge (Sr. Divn.)-cum-Sub Divisional Judicial Magistrate, then working under the control of Hon'ble Punjab and Haryana High Court, Chandigarh, involving the same/similar issues.

(2.) By filing the aforesaid two civil writ petitions, the petitioner has invoked the writ jurisdiction under Article 226 and 227 of the Constitution of India for issuance of the writ in the nature of certiorari for quashing the order dated 19.05.2008 (Annexure P-7) passed by respondentHigh Court, whereby the judicial work was withdrawn from him and the order dated 10.06.2008 (Annexure P-10) passed by the Principle Secretary to Government of Punjab, Department of Home Affairs / Justice, whereby the petitioner was prematurely retired from service. He has also sought quashing of ACR for the years 2006-2007 and 2007-2008, which were recorded as 'Average'. He has also sought writ mandamus for reinstating him in service along with consequential benefits.

(3.) In CWP No.2085 of 2008, the petitioner has sought quashing communication dated 25.08.2007 (Annexure P-10); proceedings and report of the Committee of Hon'ble Three Judge on the representation of the petitioner as also the adverse remarks contained in the ACR Dossier dated 09/17.07.1999 (Annexure P-1); the memorandum dated 15.05.2000 (Annexure P-4) and dated 26.07.2005 (Annexure P-7) and also for directing the respondent to promote the petitioner as Addl. Civil Judge (Sr. Divn.) w.e.f. 17.02.1999 in terms of the decision of Hon'ble Full Court instead of the promotion granted on 16.02005 and to further promote the petitioner as Chief Judicial Magistrate/Civil Judge (Sr. Divn.) w.e.f. 30.02005, when his juniors were so designated with all the consequential benefits flowing therefrom such as seniority, arrears of pay along with interest @ 12% per annum.