KIRAN AGARWAL Vs. HIGH COURT OF H.P.

JUDGEMENT

(1.) The brief facts necessary for the adjudication of this petition are that a memorandum was issued to the petitioner under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 on 4th November, 1996. She was put under suspension on 4.4.1997. The Inquiry Officer had come to the conclusion in his report dated March 27, 1997 that all the three charges (articles) stand conclusively proved against the petitioner. In sequel to the inquiry report dated 27m March, 1997 vide notification dated 29th April, 1997, she was dismissed from the H.P. Higher Judicial Service with immediate effect. She had filed CWP No. 527/1997 in this Court. The CWP No. 527 of 1997 was partly allowed by this Court on July, 2001 and the operative portion of the judgment is reproduced as under: "For the reasons aforesaid, the petition deserves to be partly allowed. The enquiry initiated against the petitioner is held to be legal, valid and in accordance with law, so also the findings arrived at by the Inquiry Authority do not call for any interference and the charges levelled against the petitioner are held proved but an order of penalty of dismissal passed against the petitioner is disproportionate, excessively high and unreasonable. The order of penalty is, therefore, set aside and the matter is sent back to the Disciplinary Authority for reconsideration and to take appropriate decision in accordance with law. In the light of the decisions of the Honble Supreme Court, as also the observations made in the earlier part of the judgment. The petition is accordingly partly allowed. In the facts and circumstances of the case, there shall be no order as to costs."

(2.) In sequel of the judgment, order was issued on 9th August, 2001 and the relevant portion of the same is reproduced as under: "Now, therefore, in view of the provisions of Rule 10 (4) of the CCS (CCA) Rules, 1965, it is hereby notified that the order of suspension of the said Smt. Kiran Agarwal as notified vide order No. HHC/GAZ/14 -30/74 -II -5530 -5537, dated 4.4.1997, shall be deemed to have continued in force on and from the date of the aforesaid order of dismissal, i.e. 29.7.1997, and shall remain in force until further orders. The Headquarters of the said Smt. Kiran Agarwal during the deemed suspension shall remain the same as fixed, vide initial order of suspension dated 4.4.1997,"

(3.) Thereafter vide notification dated 27th September, 2001; the penalty of dismissal was substituted by the penalty of compulsory retirement from the H.P. Higher.Judicial Service (Annexure P -15). Respondent had issued office order dated February 8, 2002 and the operative portion of the same is reproduced below: "The subsistence allowance as fixed above shall be paid to Smt. Kiran Agarwal for the period from 5.4.1997 to 9.8.2001 by the office of the District and Sessions Judge, Hamirpur. Thereafter the subsistence allowance as referred to above for the period from 10.8.2001 to 27.9.2001 along with the capital allowance and House Rent allowance as admissible under the rules shall be paid to Smt. Kiran Agarwal, by the High Court of H.P. as her headquarter was fixed at Shimla in place of Hamirpur, vide this Registry under No.HHC/GAZ/14 -30/774 -11 -2160 dated 10/13.8.2001."