SUNISH AGGARWAL Vs. STATE OF H.P

JUDGEMENT

(1.) Instant Letters Patent Appeal is directed against the judgment dtd. 5/10/2016, passed by learned Single Judge of this Court in CWP No.3174 of 2014, titled: Sunish Aggarwal vs. State of H.P. and anr., whereby writ petition having been filed by the petitioner, seeking therein relief that "this writ petition may kindly be allowed throughout with costs and after summoning the records of the case and granting an opportunity of being heard, a writ of certiorari Whether the reporters of Local Papers may be allowed to see the judgement? or any other appropriate writ, order or direction may be passed quashing and setting aside the impugned decision of the Hon'ble Administrative Committee of the respondent no.2 . dtd. 17/9/2013 (Annexure P-22), impugned order of the Hon'ble Full Court of respondent no.2 dtd. 18/9/2013 (Annexure P-23), and impugned notification issued by the respondent no.1 dtd. 19/9/2013 (Annexure P-8), consequently reinstating the petitioner to his original batch of 2009 of the Himachal Judicial Services along with all consequential seniority and benefits including entire salary during his period of discharge," came to be dismissed.

(2.) For having bird's eye view, necessary facts, which may be relevant for proper adjudication of the case at hand, are that appellant-petitioner (hereinafter referred to as 'the petitioner') was appointed as Civil Judge(Junior Division) on 26/3/2010. He, after having completed his requisite training, came to be posted as Civil Judge(Junior Division)- cum-Judicial Magistrate Ist Class, Dharamshala, District Kangra from where he was transferred to Anni, District Kullu. On 10/5/2013, while he was traveling with his family and cousins to Jawalamukhi temple in District Kangra, he was stopped by Shri Rajesh Tomar, who was then serving as Civil Judge (Senior Division)-cum-Chief Judicial Magistrate, Kangra. Later on, Shri Rajesh Tomar submitted some complaint to the Registrar General of this Court against indecent behaviour of the petitioner. Record further reveals that above-named Rajesh Tomar, Chief Judicial Magistrate, . Kangra also lodged an FIR with the Police at Anni regarding threatening calls being received by him over his official telephone. Though initially such action was imputed to the petitioner, however, subsequently it was found that some advocate was making these calls and he was then arrested on 10/7/2013, pursuant to FIR dtd. 3/7/2013.

(3.) On the basis of complaint lodged by Shri Rajesh Tomar, a discreet inquiry was ordered against the petitioner by the Registrar(Vigilance) of this Court, who in turn submitted his report dtd. 26/8/2013. On 16/9/2013, report submitted by Registrar(Vigilance) was placed before learned Administrative Judge, who, after having perused the same, directed that report be placed before Hon'ble the Chief Justice, who in turn ordered that the matter be placed before the Hon'ble Administrative Committee on the same day. On 17/9/2013, the matter came to be placed before Hon'ble Administrative Committee of this Court, wherein a decision was taken to discharge the petitioner from service during his probation period. Aforesaid decision was further ratified by the Hon'ble Full Court on 18/9/2013, which ultimately led to issuance of formal notification by the State Government on 19/9/2013, whereby the petitioner came to be discharged from the service.