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2010 Supreme(SC) 111
2010 (1) Supreme 518
SUPREME COURT OF INDIA
K.G. Balakrishnan, CJI., V.S. Sirpurkar and Deepak Verma, JJ.
Inderjit Singh — Appellant(s)
versus
State of Punjab TR.Collector & Anr. — Respondent(s)
Civil Appeal No.1138 of 2010
(@ SLP(C)No.6298/2008)
Decided on : 29-01-2010
Headnote:Service Law-Termination of services of appellant an Ahlmad in the Court of Civil Judge (Junior Division) on found drinking alcohol within the court premises with one Chowkidar and a constable- Writ Petition-Dismissed by High Court –Appeal- Plea of appellant that one of the persons, who was on duty at that time along with him though found guilty in the inquiry, had filed an appeal before Court and Court allowed his appeal and he was ordered to be re-instated in service-Appellant was not on duty on day of occurrence but he was found at the courtpremise- Though conduct shown by appellant was deprecated but having regard to the fact that he had to maintain his family and also for the reason that his colleague was reinstated in service, direction given that appellant be reinstated in service- However appellant was held not entitled to any back-wages or any other service Benefits-Appeal disposed of (Paras 4,5)
Facts of the Case :
Services of appellant an Ahlmad in the Court of Civil Judge (Junior Division)was terminated on found drinking alcohol within the court premises with one Chowkidar and a constable. Writ Petition thereagainst was Dismissed by High Court.
2 Present appeal has been filed against said order of High Court.
Findings of the Court:
Appellant was not on duty on day of occurrence but he was found at the court premise. Though conduct shown by appellant was deprecated but having regard to the fact that he had to maintain his family and also for the reason that his colleague was reinstated in service, direction was given that appellant be reinstated in service. However appellant was held not entitled to any back-wages or any other service Benefits.
Result : Appeal disposed of
ORDER
Leave granted. Delay condoned.
2. The appellant was an Ahlmad in the Court of Civil Judge (Junior Division), at Barnala in Punjab. On 14.06.1996 at about 7.30 p.m., when some of the Judicial Officers made a surprise inspection of the Court premises, they found the appellant, one Chowkidar and a constable at the premises. They found that these persons were drinking alcohol within the court premises. The matter was reported to the District Judge and thereafter an inquiry was conducted and the appellant was found guilty and his services were terminated. The appellant challenged the same by way of Writ Petition before the High Court and the same was dismissed. Aggrieved by the same, he is before this Court by way of this appeal.
3. Heard learned amicus curiae and learned counsel for the State.
4. It is pointed out by learned counsel for the appellant that one of the persons, who was on duty at that time along with the appellant herein, though found guilty in the inquiry, has filed an appeal before this Court and this Court allowed his appeal and he was ordered to be re-instated in service vide order dated 4th February 2002 in Civil Appeal No.943 of 2002. The present appellant was not on duty on that day but he was found at the court premises. Though we deprecate the conduct shown by the appellant, but having regard to the fact that he has to maintain his family and also for the reason that his colleague was reinstated in service, we direct that the appellant be reinstated in service. We make it clear that he is not entitled to any back-wages or any other service benefits. He is directed to be reinstated within a period of one month from this date and his previous service may be reckoned only for the purpose of pension.
5. The appeal is disposed of accordingly. No costs.
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