HARI MAN Vs. HIGH COURT OF H.P.

JUDGEMENT

(1.) This petition is filed by the petitioner for an appropriate writ, direction or order, quashing and setting aside inquiry proceedings initiated against him and order of removal passed by the Disciplinary Authority and confirmed by the Appellate Authority by granting consequential reliefs as this Court may deem fit and proper in the facts and circumstances of the case.

(2.) The case of the petitioner was that he joined service in the Court of Senior Sub Judge, Bilaspur as Chowkidar on daily wage basis in the year 1986. He was regularised on the said post with effect from September 1, 1987. It was his case that he was co -owner of land situated at village Kosrian, Tehsil and District Bilaspur along with his mother and a brother. One Arjun Singh, by showing false sympathy to the old mother of the petitioner and by taking undue advantage of small differences between family of the petitioner on the one hand and his old mother on the other, got thumb impression on certain documents. It was Arjun Singh who got sale deed registered on June 10, 1991 by the mother of the petitioner by committing fraud and by depriving the petitioner of his rightful claim. The petitioner was obviously aggrieved by such act. He, therefore, filed a Civil Suit in the Court of Senior Sub Judge, Bilaspur against fraudulent act of Arjun Singh. On October 5, 1991, when Arjun Singh came to the Court at Bilaspur, there was exchange of words between Arjun Singh and petitioners mother. The petitioner intervened and asked Arjun Singh not to get excited. Thereupon Arjun Singh, filed a false complaint against the petitioner, pursuant to which a show -cause notice was issued to the petitioner and disciplinary proceedings were initiated.

(3.) Three charges were levelled against the petitioner. It was, inter alia, alleged that he quarreled with Arjun Singh in the Court premises, that he did not allow Arjun Singh to get his complaint drafted and also failed to obey lawful orders of Senior Sub -Judge intentionally and deliberately.