CWP No.9003 of 2010 (OM) -1-
683
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.9003 of 2010 (OM)
Date of decision: October 25, 2018
Anantdeep Singh
……Petitioner
Versus
The High Court of Punjab and Haryana at Chandigarh
and another
….Respondents
CORAM: HON’BLE MR. JUSTICE A.B. CHAUDHARI
HON’BLE MR. JUSTICE KULDIP SINGH
Present: Mr. Rajiv Atma Ram, Senior Advocate with
Mr. Nishant Bhardwaj, Advocate for the petitioner.
Mr. Gaurav Chopra, Advocate for respondent No.1.
Ms. Anju Arora, Additional AG Punjab.
****
A.B. CHAUDHARI, J
By the present writ petition, the petitioner-Anantdeep Singh
has put to challenge the order dated 17.12.2009 communicated by order
dated 24.12.2009 (Annexure P-13), by which his services were dispensed
with and also for quashing the order dated 07.12.2009 (Annexure P-10) by
which the judicial work was withdrawn from him.
FACTS
2. The petitioner was selected and appointed to the Punjab Civil
Services (Judicial Branch) vide order dated 26.10.2006 (Annexure P-2)
and was posted to work as Civil Judge (Junior Division), Ferozepur, on
12.12.2006. He worked there with no adverse remark or report or any
charge-sheet or show-cause notice. The statements regarding work were
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found to be ‘Good/Very good’ as per monthly remarks. The petitioner also
qualified in the departmental examination on 16.11.2007 and had
completed mandatory training period of one year from the Chandigarh
Judicial Academy, Chandigarh. Thereafter, he was transferred from
Ferozepur to Moga, District Faridkot, where he joined on 03.06.2008. The
petitioner had married on 08.02.2004 but in the year 2005, there were
some misunderstanding between him and his wife and as such, they
started living separately. In November 2008, her wife and her parents
forcibly occupied his official accommodation and created scene and
therefore, the petitioner was forced to leave the official accommodation.
The District and Sessions Judge, Faridkot having come to know about it
asked him whether he was living in official residence to which he filed
reply that because of the matrimonial dispute, he was not residing in
official residence, but his wife and her parents were residing therein.
3. That in December, 2008 and on 09.02.009, the Administrative
Judge of the High Court called the petitioner and asked about the
complaint against him by his wife and advised to reconcile the dispute
with his wife. The petitioner had thus, matrimonial dispute which had
nothing to do with the judicial work nor the High Court was concerned
with the same. As such, the petitioner completed three years after joining
service. Obviously, the probation period being of 2 years he was deemed
to be confirmed in service. The petitioner and his wife had resolved their
dispute in the meanwhile and filed representations to the High Court
accordingly, on 10.12.2009 (Annexure P-9 colly), but his judicial work
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was withdrawn earlier on 07.12.2009 and thereafter, the impugned order
was passed, though, the dispute was settled between his wife and himself.
On 12.12.2009, even divorce petition was decided in Lok Adalat and the
petition was withdrawn. There was, therefore, no reason or the cause of
action for the High Court to dispense with his services merely because a
private dispute existed between him and his wife, which also was finally
set at rest. The orders impugned are, therefore, liable to be quashed and set
aside in the present petition.
ARGUMENTS
4. In support of the writ petition, learned Senior Counsel for the
petitioner vehemently contended that the petitioner had infact, from the
date of his posting or joining and appointment completed three years as on
11.12.2009 and therefore, he was liable to be deemed to be confirmed in
service particularly, because permanent vacancy existed at that time.
According to him, the real reason for dispensing with the services of the
petitioner was not the alleged unsatisfactory work because the record
shows that the work of the petitioner was quite satisfactory and there was
no complaint about his work as such. Therefore, the real reason for
dispensing with the services was the matrimonial dispute between his wife
and himself with which the High Court had nothing to do and at any rate,
the same could not be utilized by the High Court for dispensing with his
services particularly because the petitioner did not remain on probation.
Even assuming but not accepting, the petitioner was a probationer, the
private matrimonial dispute between him and his wife, which eventually
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was also settled, did not give any reason to the High Court to dispense
with the services and therefore, the entire exercise is illegal. According to
the learned Senior counsel for the petitioner, the High Court could not
have relied upon the initial complaint by the wife of the petitioner against
him nor the report of the District and Sessions Judge, Faridkot about other
things which have been mentioned regarding the use of car of Naib Court
and so on and so forth, without hearing him. The petitioner was never
made aware about any such allegations nor was called upon to explain the
same. The entire action of the High Court, is therefore, violative of the
principal of natural justice. The action to dispense with his services is for
extraneous reasons. Hence, he prayed for allowing the petition with full
benefits to the petitioner.
5. Per contra, learned counsel for the respondents vehemently
opposed the writ petition and submitted that the petitioner did not exhibit
the required conduct and behavior by a judicial officer during the period
of probation. His performance during the probation period was watched.
The District and Sessions Judge, Faridkot as well as Administrative
Judges finally found that he was not suitable to be retained in service. His
services were therefore dispensed with without attaching to him any
stigma. The decision was initially taken by a Committee consisting of the
Hon’ble Judges of the High Court and thereafter, the full Court had
applied its mind to the entire matter to dispense with the services. The
material against the petitioner was such that he could not be retained in
service.
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6. The next submission made by the learned counsel for the
respondents is that in accordance with the decisions of the Supreme Court
in the cases of Sate of Maharashtra versus Veeranppa R. Saboji and
others, 1979 (4) SCC 466 and Registrar, High Court of Gujarat versus
C.G. Sharma, (2205) 1 SCC 132, which have been relied upon by the
High Court, there cannot be automatic confirmation of the petitioner until
and unless, the employer by applying its mind and by order in writing
makes confirmation or otherwise of the employee. The petitioner is under
misconception about law regarding confirmation of probationer. Learned
counsel for the respondents, therefore, prayed for dismissal of the writ
petition.
CONSIDERATION
7. We have heard learned counsel for the rival parties at length.
We have also seen the original record that was produced before us in a
sealed cover. Upon hearing the learned counsel for the rival parties, at the
outset, the submission regarding automatic confirmation of the
probationer merely because he had worked for three years will have to be
rejected outright. We need not record reasons therefore, as the committee
had rightly relied upon the Apex Court decisions in the cases of
Veeranppa R. Saboji and C.G. Sharma (supra). We quote the following
from the minutes of the meeting dated 18.11.2009 (Annexure P-22),
which reads as under:-
“The Committee perused the meeting note and finds that
period of three years from the date of joining is expiring soon.
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CWP No.9003 of 2010 (OM) -6-The Committee is of the view that period of three years should
be counted from the date of joining after completion of
training and if necessary, the rule may be clarified
accordingly. It may also be desirable to consider further
clarification to bring the Rules at par with the Rules
considered in Sate of Maharashtra versus Veeranppa R.
Saboji and others, 1979 (4) SCC 466 and Registrar, High
Court of Gujarat versus C.G. Sharma, (2205) 1 SCC 132
which have been interpreted to mean that there is no
automatic confirmation unless after assessment of work and
conduct of the officer, a conscious decision to confirm or not
to confirm is taken.
Hon’ble Mr. Justice Rajesh Bindal apprised the
committee of his having dealt with complaint against Shri
Anantdeep Singh in the light of a report received from the
District Sessions Judge. He also gave his report in a sealed
cover. In view of this Hon’ble Mr. Justice Rajesh Bindal did
not participate in the proceedings.
The Registrar general may put up the said record for
consideration of the Committee. He may also ensure that all
material pertaining to work and conduct of the officers is put
up before the Committee. It is seen that in spite of there being
adverse material against some of the officers, the same has
not been projected in reports of District Judges or even in
meeting note. The Committee is of the opinion that latest
report on the work and conduct of the officers be obtained
from the District Judges and the Hon’ble Administrative
Judges may also be requested to give their opinion in the
matter. The meeting note must indicate true factual position
relating to all concerned officers.
Put up again on 1.12.2009.”
8. We are in full agreement with the view taken by the committee
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based on the Apex Court’s decisions that there cannot be automatic
confirmation as contended. We, therefore, reject the first submission.
9. Having thus, disposed of the first submission, we then, find
that the petitioner having joined the services indulged in abnormal and
unbecoming conduct. The wife of the petitioner made allegations against
him. Be that as it may, according to the petitioner himself, he obtained
official accommodation for his residence and what is surprising is that he
did not reside in said official accommodation but according to him, his
wife and her parents started forcibly residing in said official
accommodation. In other words, the petitioner meekly surrendered the
official accommodation to his wife and her parents and he started residing
outside away from the official residence. Such a conduct of a judicial
officer obviously was strange and bringing disrepute to the institution.
Such a conduct on the part of the petitioner to have the official residence,
reside somewhere else and then make a complaint about forcible
occupation does not behove of a judicial officer. This position was
admitted by him as he made complaint to the District and Sessions Judge,
Faridkot, accordingly. In other words, he was not in a position to retain
control on his own official accommodation. Next surprise is that he made
a complaint to the District and Sessions Judge to get his official
accommodation vacated as if he had taken permission from the District
and Sessions Judge earlier for allowing the entry of unauthorized persons
as stated by him. This conduct on the part of the petitioner, in our opinion,
is highly irresponsible and certainly the High Court does not need such
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judicial officer.
10. The District and Sessions Judge, Faridkot, in a report dated
20.05.2009, stated about the allegations made by the mother-in-law of the
petitioner, Mrs. Kulwant Kaur, Principal, Government College, Faridkot
that the petitioner was living separate from his wife and was assaulting his
wife. In Para-4 of the said report, it is stated that at midnight 12:45 hours
intervening 06/07.02.2009, Mrs. Kulwant Kaur, mother-in-law of the
petitioner, informed the District and Sessions Judge, Faridkot that the
petitioner had visited their house under the influence of alcohol and
assaulted and misbehaved with her daughter, i.e. the wife of the petitioner.
It was also stated that he was accompanied by a Punjab Home Guard
official, namely PHG-Gurjant Singh, who was also under the influence of
alcohol and the said official also misbehaved with her daughter. The
petitioner was moving in a private car silver metallic color make TATA
INDICA bearing registration No.GJ-12-AE-0102, which was with Naib
Court, Kuldeep Singh, who is facing criminal trial along with other police
officials in the Court of Mrs. Amarjot Bhatti, Additional Sessions Judge,
Moga, for offence under Section 15 of the Narcotic Drugs and
Psychotropic Substance Act, 1985.
11. Apart from that the District and Sessions Judge, Faridkot sent
a report dated 02.12.2009 incorporating the aforesaid fact in addition to
the further facts that the petitioner resided in Sandhu Guest House for six
months and that the said guest house was arranged by Naib Court and
further that the petitioner was using the car of Kuldip Singh Naib Court
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and used to drink liquor anywhere. His wife also got recorded her
statement that the petitioner used to send obscene messages with obscene
language to her. That was the statement of his wife, which was recorded. It
is surprising that a judicial officer entering the judiciary as a probationer
indulge in such type of vicious and sinister conduct. The District and
Sessions Judge, Faridkot also reported that he tried his level best to ask
the petitioner to reside in his official accommodation which he had taken
but to no use. That shows that even the District and Sessions Judge,
Faridkot was also fed up with the behaviour of the petitioner. There was
further allegation about the petitioner having illicit relationship with some
other judicial officer, but then we omit the same from consideration.
However, the report aforesaid sent by the District and Sessions Judge,
Faridkot to the High Court shows vicious conduct on the part of the
petitioner.
12. It is in the above background and in the light of the above
discussion, the committee of the Hon’ble three Judges of this Court
reviewing the work and conduct of the probationer, took a conscious
decision to discharge the services of the petitioner.
13. The subsequent attempt by the petitioner and his wife to
withdraw the dispute amongst them and so on and so forth as well as the
divorce petition post order withdrawing judicial work of the petitioner,
was of no consequence as decision was taken independently on the entire
conduct of the petitioner.
14. To sum up, we do not find any merit in the present petition.
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Hence, we make the following order:-
ORDER
CWP No.9003 of 2010 is dismissed. No costs.
(A.B. CHAUDHARI)
JUDGE
(KULDIP SINGH)
JUDGE
October 25, 2018
mahavir
Whether speaking/ reasoned: Yes/No
Whether Reportable: Yes/No
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