LAWS(HPH)-2010-3-76

DHARAM SWAROOP Vs. HIGH COURT OF H.P.

Decided On March 23, 2010
Dharam Swaroop Appellant
V/S
HIGH COURT OF H.P. Respondents

JUDGEMENT

(1.) Heard Mr. Mohan Singh Jain, learned Counsel for the present petitioner.

(2.) In order to adjudicate the present writ petition, it is necessary to give the factual background of the case. It appears that petitioner Shri Dharam Swarup Sharma, was initially appointed as Peon on 1.1.1989 and promoted as Process Server in February, 1995, subsequently as Naib Nazir in August, 1995, while posted as such in the office of Sub-Judge-cum-Judicial Magistrate, 1st Class, Solan during 21.8.1995 to 16.9.1998, he was involved in the embezzlement, misappropriation and fraud, for which he was served with a charge-sheet dated 18.1.1999 comprising of mainly two charges as follows:

(3.) The said charges pertained to the period when petitioner was posted in the Court of Sub-Judge Solan, as such, the petitioner was called upon to submit reply to the said memo. In response the petitioner has denied the charges. It was decided to hold department inquiry into the matter. Shri Ram Swaroop Sharma, Superintendent-Grade-II of the office of Additional District and Sessions Judge, Solan was assigned as Presenting Officer to present the case/on behalf of the department. The writ petitioner had opted to defend his case through his defence assistant, Shri K.D. Sharma (Retd. Naib Tehsildar).