SOM KUMAR Vs. DISTRICT AND SESSIONS JUDGE

JUDGEMENT

(1.) The petitioner who is an employee of Civil and Sessions Division of Shimla, is aggrieved by order dated 7.10.1998 (Annexure P -30) whereby he has been reduced to the rank of Process Server from the post of Criminal Ahlmad.

(2.) It is not in dispute that on the two charges (i) that while functioning as Criminal Ahlmad he had signed and issued duplicate summons in case titled as Sunehru v. Sunehru etc., which amounts to gross misconduct and (ii) when asked to explain his conduct he cooked up a false plea, the petitioner was served charge sheet under Rule 14 of CCS CCA Rules (hereianfter called as Rules of 1965). Finding the written statement filed by the petitioner as unsatisfactory, a departmental inquiry was held and the Inquiry Officer found both the charges proved by his inquiry report dated 20.9.1997, a copy of which was sent to the petitioner on 29.9.1997 along with a notice to show cause as to why the said inquiry report be not accepted and punishment as per the rule be imposed upon him. The petitioner submitted his reply to the notice to show cause. Finding that the Disciplinary Authority i.e. District and Sessions Judge, Shimla had himself conducted the preliminary inquiry on the basis of which charge sheet was served upon the petitioner; in order to avoid prejudice to him the District and Sessions Judge (Forests), Shimla was appointed as Ad -hoc Disciplinary Authority under Rule 15(1) of Rules of 1965 for conducting further inquiry. Ultimately, the Inquiry Officer submitted his report dated 18.6.1998, whereby charge No. (i) was held to be proved and charge No. (ii) not proved by giving benefit of doubt. A copy of the said report was supplied to the petitioner vide letter dated 30.6.1998 to enable him to make representation, if any. On receipt of the representation the Ad -hoc Disciplinary Authority while agreeing with the findings of the Inquiry Officer imposed the penalty of censure upon the petitioner vide letter dated 31.7.1998/1.8.1998.

(3.) It is stated in the writ petition that this order was received by the petitioner on 5.8.1998 and he could file appeal up to 5.9.1998 within a period of 30 days as prescribed under Rule 19 of the Himachal Pradesh Subordinate Courts Staff (Recruitment, Promotion and Conditions of Service) Rules, 1997 (hereinafter called the Rules of 1997). This Rule also provides for condonation of delay in filing the appeal. Further, as per this Rule, the appeal is to be filed through the respective District and Sessions Judge, who is to forward the same to the appellate authority along with his comments within 15 days from the date of filing such appeal.