CWP No.8250 of 2010 (OM) -1-
683-2
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.8250 of 2010 (OM)
Date of decision: October 26, 2018
Kamal Varinder
……Petitioner
Versus
State of Punjab and others
….Respondents
CORAM: HON’BLE MR. JUSTICE A.B. CHAUDHARI
HON’BLE MR. JUSTICE KULDIP SINGH
Present: Mr. Akshay Bhan, Senior Advocate with
Mr. Gurinder Singh, Advocate for the petitioner.
Mr. Gaurav Chopra, Advocate for respondent No.3.
Ms. Anju Arora, Additional AG Punjab.
****
A.B. CHAUDHARI, J
The present petitioner-Ms. Kamal Varinder has put to
challenge the order dated 17.12.2009 (Annexure P-4) whereby her
services as a member of PCS (Judicial Branch)/JM, Phagwara have been
dispensed with and has prayed for reinstatement with all consequential
benefits.
FACTS
2. The petitioner was appointed on 26.10.2006 (Annexure P-1)
and joined her services as a Civil Judge-cum-Judicial Magistrate, on
08.12.2006 pursuant to the said appointment order. After mandatory
training, she was granted B+ final grade and she started performing her
duties in various district courts, namely Ropar and Phagwara. There was
no complaint against her about her work and duties.
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3. On 03.12.2009, when the petitioner was working as a Civil
Judge-cum-Judicial Magistrate, an explanation was sought from her by
respondent No.3 that a complaint was made by Navpreet Sandhu, wife of
Anantdeep Singh against the petitioner that she was trying to interfere
with the matrimonial life of Navpreet Sandhu and Anantdeep Singh and
that she had illicit relationship with Anantdeep Singh. Suddenly, on
07.12.2009 (Annexure P-1B), the petitioner’s work was withdrawn. The
petitioner was shocked and as such made representation on 14.12.2009 to
the High Court in which she stated that false and frivolous allegations
were leveled against her by Navpreet Sandhu when she had nothing to do
with their matrimonial dispute. The petitioner was unnecessarily roped in
and made to suffer on account of alleged matrimonial dispute between
Navpreet Sandhu and Anantdeep Singh in the absence of any specific
allegations and on her bald statement. Not only that, it came to her notice
that Navpreet Sandhu and Anantdeep Singh had resolved their
matrimonial dispute by withdrawing all the proceedings and complaints
and so also the divorce petition. But the petitioner was made scapegoat for
no reasons. On 24.12.2009, the petitioner was served with the order dated
17.12.2009 dispensing with her services with immediate effect on the
ground that she had failed to clear her probation period satisfactorily. The
petitioner’s performance and work was very good and with utmost
integrity and honesty. That was clear from the fact that her ACR for the
year 2008-2009 was B+ good so also the quality of the judgments and the
work. The petitioner decided large number of cases and there was no
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reason for dispensing with her services on such a hoax. There is no male
member in her family since her father and younger brother had already
expired and she has ten years old daughter and has to look after her
mother suffering from cancer.
ARGUMENTS
4. In support of the petition, learned Senior counsel for the
petitioner vehemently argued that in fact, the petitioner-Kamal Varinder
was the victim of the dispute between the other male judicial officer
Anantdeep Singh and his wife, which was their matrimonial dispute which
eventually they had resolved also. But then fact remains that their dispute
affected the petitioner in that her services were dispensed with on
fabricated ground and false allegations that she had illicit relationship with
Anantdeep Singh. Apart from the fact that petitioner had denied the vague
allegations, there was no even remote evidence. Learned Senior counsel
for the petitioner then submitted that the material before the committee did
not at all show anything against the petitioner about her alleged illicit
relationship. The petitioner was working under the District Judge,
Kapurthala and admittedly, no report from the District Judge, Kapurthala
about her work and conduct or the said aspect was ever called or seen. No
explanation from the petitioner was sought in the matter regarding the
dispute between third party Anantdeep Singh and his wife. Learned Senior
counsel, therefore, submitted that there is miscarriage of justice caused to
the petitioner for no reasons. Anantdeep Singh might have been
discharged from service for whatever reasons seen by the High Court, but
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in so far as the present petitioner is concerned, there was no iota of even
the basic evidence or allegation anywhere. Hence, the petition deserves to
be allowed.
5. Per contra, learned counsel for the respondents submitted that
the review committee took a conscious decision having found that the
petitioner and Anantdeep Singh’s conduct was unbecoming of judicial
officer. Not only that, this Court has now dismissed the petition of
Anantdeep Singh having found his conduct to be unbecoming, vide CWP
No.9003 of 2010, decided on 25.10.2018. Hence, they prayed for
dismissal of the writ petition.
CONSIDERATION
6. We have heard learned counsel for the rival parties at length.
We have perused the original record of the High Court produced in a
sealed cover. At the outset, we find that the case of the present petitioner-
Kamal Varinder was dealt along with the case of Anantdeep Singh and
due to the same, there was obvious conundrum and the petitioner became
scapegoat for no fault of her. In order to buttress the above statement, we
proceed to give our reasons.
7. The proceedings started because Anantdeep Singh, the
petitioner in CWP No.9003 of 2010 working under the District and
Sessions Judge, Faridkot was found to have misconducted as stated in two
reports sent by the District and Sessions Judge, Faridkot, the one dated
20.05.2009 and the other dated 02.12.2009. The District and Sessions
Judge, Faridkot had stated that mother-in-law as well as the wife of
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Anantdeep Singh had made allegations that Anantdeep Singh had extra-
marital affair with a lady judicial officer of Punjab. But, the name of the
petitioner was never mentioned anywhere. Then the District and Sessions
Judge, Faridkot recorded the statement of Navpreet Sandhu, the wife of
Anantdeep Singh. The substance of her statement in the letter dated
02.12.2009 of the District and Sessions Judge, Faridkot, reads thus:-
“………Today I have recorded the statement of Smt. Navpreet
Sandhu wife of Mr. Anantdeep Singh (original statement is
enclosed) in which she has deposed these facts in detail. She
has stated that on 23rd November, 2008, she came from
Patiala from her in laws house to reside at Moga. On that day
Mr. Anantdeep Singh gave beating and asked her why she had
come here and told her to leave. On 24th November at 11 A.M.
she received a telephone from Kamal Varinder Judicial
Officer posted at Phagwara who also gave threats to her why
she was in her (Kamal Varinder) house and what she was
doing in her (Kamal Varinder) bed room. She also told that
servant Harish and other persons told her that Kamal
Varinder used to visit Moga and stay with Mr. Anantdeep
Singh………….”
8. The above statement of Navpreet Sandhu shows her
perception about the present petitioner-Kamal Varinder. We have seen her
statement (Annexure P-31 in CWP No.9003 of 2010). Qua, this petitioner,
she stated:-
“I received a telephonic call from Kamal Varinder as to what I
was doing at her house and bed room. Harish and my
neighbourers (none examined) told me that Kamal Varinder
used to come here and stay with the judge.
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CWP No.8250 of 2010 (OM) -6-Anantdeep and Kamal Varinder have illicit relations and
therefore he used to give beating and harass me.”
At the outset, we are at a loss to find even remote evidence
about any illicit relationship from the above except use of the word “illicit
relations”. That apart, her mere statement/perception like a gospel truth
could not be acted upon to throw the petitioner out of service. That was
totally unjust. The District and Sessions Judge, Faridkot also casually, in
last paragraph of said report, stated thus:-
“………The statement of Smt. Navpreet Sandhu clearly shows
that Mr. Anantdeep Singh has illicit relations with Ms. Kamal
Varinder Judicial Officer posted at Phagwara and due to
which he used to harass his wife Smt. Navpreet Sandhu. She
has also specifically stated that she used to receive phone
from Kamal Varinder asking her what she was doing in her
bed room which also shows their relations………….”
9. In other words, it was only the statement of Navpreet Sandhu,
the wife of Anantdeep Singh, who had made the said allegations. Perusal
of the statement of Navpreet Sandhu and the report of the District and
Sessions Judge, Faridkot nowhere shows a single specific instance or
evidence or even the remote evidence to support her allegation of illicit
relationship of the petitioner with Anantdeep Singh. The District and
Sessions Judge, Faridkot also, in concluding paragraph of the said report,
stated that because Navpreet Sandhu stated so, therefore, there was
indication of illicit relationships. We cannot countenance such a fanciful
and baseless conclusion by the District and Sessions Judge, Faridkot, on
the bald statement made by Navpreet Sandhu, all the more so as the
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petitioner was not working under him.
10. That apart, it is then significant to note that the present
petitioner-Kamal Varinder was never working under the District and
Sessions Judge, Faridkot nor he had any occasion to verify anything from
her. On what basis, he could draw such a damaging conclusion! To put in
other words, the District and Sessions Judge, Kapurthala under whom the
petitioner was working was never called upon to give any report about
her. The petitioner-Kamal Varinder was not working at the relevant time
under the District and Sessions Judge, Faridkot. We, therefore, do not
think that the District and Sessions Judge, Faridkot was competent to
make any adverse comment about the present petitioner, who was not
working under him. Even otherwise, before drawing any conclusion, it
was necessary for the High Court to have obtained report from the District
and Sessions Judge, Kapurthala under whom the present petitioner was
working. That was never done. However, reports from the District and
Sessions Judge, Faridkot were placed before the committee and thereafter,
further proceedings were undertaken. It is then significant to note that the
statement of the petitioner-Kamal Varinder was recorded by the District
and Sessions Judge, Kapurthala. We quote the said statement as under:-
(extracts from Annexure P-32 with CWP No.9033 of 2010)
“Statement of Miss Kamal Varinder, Civil Judge (Junior
Division) Phagwara, District Kapurthala age 35 years on S.A.
…
(The statement dated 2.12.2009 of Smt. Navpreet
Sandhu has been brought to the notice of Miss Kamal7 of 12
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CWP No.8250 of 2010 (OM) -8-Varinder. She has been confronted with the entire statement.
After that her statement has been recorded).
On S.A.
The allegations levelled against me by Navpreet Sandhu
are totally wrong and false as I never called her up to
threaten her in any way or manner, nor, even I know her
telephone number. I also do not know the address of Sh.
Anantdeep Singh C.J. (J.D.), so, I have never visited him and
stayed in his residence.
I had never any such type of conversation with
Anantdeep that I shall involve him in a rape case.
The only reason of her filing false complaints against
me is to tarnish my reputation, as, four five months back she
had threatened me on the phone that she will not let me
remain in the job and shall throw me out of the job by
levelling one or the other charge.
No doubt myself and Sh. Anantdeep Singh are very good
friends but she has not the patient to tolerate our friendship.
R.O.A.C.
Sd/- Kamal Varinder Sd/- M.S. Virdi
Distt. Judge, Kapurthala
2.12.2009″
11. It is clear from the above statement of Kamal Varinder that she
had stoutly denied the vague allegations made by Navpreet Sandhu, the
wife of Anantdeep Singh. We do not find any reason to ignore her specific
denial as stated above. It was dangerous to rely on vague statement of
Navpreet Sandhu, which was in the nature of damaging the character of
the present petitioner so also her career in judiciary for no fault of her and
merely because somebody made vague and unsubstantiated allegations
about alleged illicit relationship.
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12. Apart from the above, we then find from the proceedings of
the committee about the work and conduct of the probationers. We quote
the same, which reads thus:-
(extracts from Annexure P-29 with CWP No.9033 of 2010)
“Re: Review of work and conduct of probationers of PCS (JB)
Officers and their clearance of probation period.
In continuation of proceedings dated 1.12.2009, the
Committee perused report of District Sessions Judge,
Faridkot dated 2.12.2009 and statement of Mrs. Kamal
Varinder, Civil Judge (Jr. Divin) Phagwara dated 2.12.2009
forwarded by District Sessions Judge, Kapurthala. Hon’ble
Mr. Justice Rajesh Bindal did not participate in proceedings
on the issue of Shri Anantdeep Singh and Ms. Kamal Varinder
as he had dealt with the matter on administrative side.
From the report of the District Sessions Judge,
Faridkot dated 2.12.2009, the lady Judicial Officer not named
but referred to in the earlier report of District Sessions
Judge, Faridkot dated 20.05.2009 has been identified to be
Ms. Kamal Varinder.
Having regard to the reports of District Sessions
Judge, Faridkot dated 20.5.2009 and 2.12.2009 and
observations of Hon’ble Mr. Justice T.P.S. Mann dated
1.12.2009, the Committee is of the view that Shri Anantdeep
Singh and Ms. Kamal Varinder are not fit to be retained in
service. Their services be terminated by order of termination
simpliciter in accordance with the rules.”
13. Perusal of the above report, in so far as the present petitioner-
Kamal Varinder is concerned, only stated that the petitioner’s statement
was recorded on 02.12.2009 forwarded by the District and Sessions Judge,
Kapurthala. But there is nothing whether the same was acceptable or not.
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In second paragraph of the minutes of the meeting, it is stated that the
District and Sessions Judge, Faridkot identified the petitioner as the lady
judicial officer. As already stated, the petitioner was never working under
the District and Sessions Judge, Faridkot. Similar is the case with the last
paragraph of the minutes of the committee, where it is abruptly decided
that the petitioner is not fit to be retained in service along with Anantdeep
Singh.
14. To sum up, the services of the petitioner were dispensed with
merely because committee decided to dispense with the services of
Anantdeep Singh for his conduct during his probation period. Similarly is
the case with Full Court, which decided to dispense with the services of
the petitioner-Kamal Varinder. The relevant portion reads as under:-
(extracts from Annexure P-30 with CWP No.9033 of 2010)
“Extract from the proceedings of the 17th Full Court meeting
of Hon’ble Judges of the year 200, held on Monday, the 7th day
of December, 2009 at 1.20 P.M.
xxx xxxx xxx xxxx
The matter regarding report dated 4.12.2009 of
Review of Work and Conduct of Probationer Judicial Officers
Committee comprising of Hon’ble Mr. Justice A.K. Goel and
Hon’ble Mr. Justice K.C. Puri in the matter regarding review
of work and conduct of probationer of PCS (JB) officers and
their clearance of probation period was considered along
with the note of Registrar general and it was resolved that the
report of the Hon’ble Committee be accepted to the extent that
the services of Shri Anantdeep Singh and Ms. Kamal
Varinder, members of PCS (JB) be terminated by order of
termination simpliciter while consideration of the report
regarding the confirmation of the remaining officers be10 of 12
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CWP No.8250 of 2010 (OM) -11-deferred. It was further resolved that recommendation be
made to the Punjab Government to dispense with the services
of Shri Anantdeep Singh and Ms. Kamal Varinder members of
PCS (JB) with immediate effect as they have failed to
satisfactorily clear the period of probation.
It was also resolved that work of Shri Anantdeep Singh
and Ms. Kamal Varinder be withdrawn forthwith.
(Hon’ble Mr. Justice Rajesh Bindal did not participate
when this item was taken up) ………………”
15. In so far as Anantdeep Singh is concerned, we have dismissed
the writ petition filed by Anantdeep Singh by making independent
assessment of evidence against him.
16. In so far as the present petitioner-Kamal Varinder is
concerned, by making independent assessment about her, it is clear that
the review committee as well as Full Court went by the decision in respect
of Anantdeep Singh and roped in the petitioner Kamal Varinder without
any rhyme or reason and without considering that she had nothing to do
with Anantdeep Singh, whose petition we have already dismissed. It is
significant to note that Anantdeep Singh and his wife withdrew all their
disputes and divorce petition from the Court on 10.12.2009, but then the
petitioner remained a scapegoat. This Court cannot allow such a mistake
to perpetrate and therefore, her petition must be allowed. In the result, we
make the following order:-
ORDER
(i) CWP No.8250 of 2010 is allowed;
(ii) The impugned order dated 17.12.2009 (Annexure P-4)
dispensing with services of the petitioner-Kamal Varinder is11 of 12
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CWP No.8250 of 2010 (OM) -12-quashed and set aside;
(iii) The petitioner shall be entitled to continuity in service for the
purpose of seniority, service benefits etc.;
(iv) The prayer for grant of backwages from the date of dispensing
with services is declined;
(v) Costs made easy.
(A.B. CHAUDHARI)
JUDGE
(KULDIP SINGH)
JUDGE
October 26, 2018
mahavir
Whether speaking/ reasoned: Yes
Whether Reportable: Yes
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