MANINDER SINGH Vs. PUNJAB AND HARYANA HIGH COURT

JUDGEMENT

(1.) The petitioner, who is a dismissed judicial officer, had filed the present petition under Article 226/227 of the Constitution of India by which the petitioner has put to challenge charge-sheet dated 14.07.1995 (Annexure P-1); enquiry report dated 05.06.1999 (Annexure P-13) and order of dismissal dated 02.03.2001 (Annexure P-16) passed by respondent No.3-State of Punjab on the recommendation of the Punjab and Haryana High Court.

(2.) The petitioner was at the relevant time posted as Sub Judgecum-Judicial Magistrate Ist Class at Amritsar. On 30.01.1995 at about 12 'O'clock when the Court working was being conducted in his Court, Meera Devi (deceased) the Steno-typist working in his Court, put something in her mouth and immediately left her seat and rushed towards the door of the retiring room of the petitioner. She uttered few words that she does not want to live. Since some smell and froth was coming from her mouth, the petitioner and other staff members of the Court shifted her in official car to the Kakkar Hospital, Amritsar at a distance of one and a quarter kilometer form the Court complex. The petitioner had sent intimation to the District and Sessions Judge, Amritsar through Roshan Masih, Peon and the District and Sessions Judge arrived in the hospital so also the parents of the deceased Meera Devi. The petitioner was asked by the District Judge to go back to the Court and to continue the work. The hospital authorities called police and Tarsem Parkash, SI Additional SHO, Police Station Civil Lines, Amritsar reached the hospital and asked the Doctor as to whether the patient was fit to make statement. Again on the next day i.e. on 31.01.1995 he asked the opinion but she was not fit to give statement. Ultimately she expired on 31.01.1995 at 11.00pm.

(3.) The parents of the deceased were questioned by Tarsem Parkash, SI and they stated that they did not suspect any foul play and did not wish to take any action against anyone. The statements were made by them voluntarily. Smt. Lakshmi Chawla and Smt. Vimla Dang the local MLAs made the issue public and instigated the parents of Meera Devi to raise their voice for registration of the case in respect of death. Thereafter, on the statement of Ram Krishan, the brother of the deceased, FIR No.19 dated 20.02.1995 under Sections 306 and 506 Indian Penal Code (IPC) was registered in Police Station Civil Lines, Amritsar. The criminal case was filed against the petitioner in the trial Court after investigation was completed. The said criminal case finally resulted into acquittal of the petitioner and the appeal against acquittal that was filed in this Court was also dismissed by the Division Bench of this Court.