1988 Supreme(Raj) 58
Rajasthan High Court, Jaipur Bench
N.M. Kasliwal & I.S. Israni, JJ.
Sukhraj Singh - Appellant
Versus
High Court of Judicature for Rajasthan - Respondents
D.B. Civil Writ Petition No. 1505 of 1987
Decided On : February 20, 1988
M.R. Calla, for Petitioner; G.S. Singhvi, for Respondent
Headnote:(a) Constitution of India, Art. 226—Extra Ordinary Jurisdiction—The High Court can entertain a petition under Article 226 against the issue of a charge sheet if the charges are found to be groundless or void ab-initio or when such charge-sheet has been issued without jurisdiction or in capricious or malafide use of power or on baseless ground and there has been total non-application of mind.(b) Rajasthan Higher Judicial Service Rules, 1969, R. 27—A probationer is only confirmed if the government after consultation with the court is satisfied that such person is fit for confirmation. (Para 28) Writ petition allowed.
2. The case of the petitioner is that he was a practising lawyer at Jodhpur when he was offered an appointment to the Rajasthan Higher Judicial Service and he joined on November 21, 1977 as Additional District & Sessions Judge, Udaipur. He was confirmed in the month of November, 1979 after the completion of probation period. He was appointed as Registrar of Rajasthan High Court in the month of November, 1983 by the then Chief Justice Shri P. K. Banerjee. Shri P. K. Banerjee retired on September 30, 1985 and the petitioner remained posted as Registrar until October 10. 1985.
3. The petitioner has further alleged that from a perusal of the Annual Confidential Reports it would be revealed that he was an officer of outstanding ability and unquestionable integrity. However, to his surprise he was served with a communication dated August 16, 1986 whereby certain adverse remarks for the year 1985 were communicated to him. Against this communication dated August 16, 1986 the petitioner submitted a representation dated September 1, 1986 vide Ex. i. While the said representation was pending the petitioner was served with a memorandum dated January 27, 1987, issued under the signatures of Shri G.M. Lodha, J., as the disciplinary authority proposing an inquiry under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (hereinafter referred to as the Disciplinary Rules) on the charges of allegations enclosed there with. A copy of the memorandum dated January 27, 1987, alongwith the statement of charges and statement of allegations has been submitted and marked as Ex. 2 alongwith enclosures 1 and 2. The petitioner thereupon submitted an application dated February 6, 1987 (Ex 3) seeking permission to inspect certain records. The petitioner inspected the record on March 24, 1987, and thereafter submitted an application dated April 3, 1987 (Ex. 4) before the Disciplinary Authority mentioning therein that the records asked for inspection by the petitioner had not been made available in original and as such the original documents may be made available for inspection and photostat copies of such documents may be given to the petitioner. Despite this the original documents were not made available for inspection and the petitioner moved another application on April 22, 1987 (Ex. 5) requesting therein that it may be recorded that the charges fail and inquiry be dropped. Alongwith this application (Ex. 5) the petitioner had also enclosed the photostat copy of the complaint which had been filed against him and which contained the following order passed by the then Chief Justice Shri P. K. Banerjee on November 23, 1984:—
"The complaints are all false and preposterous. The Registrar Bajwa is very honest and his integrity is unquestionable. No inquiry need be made. Reply in these lines may be sent to the Government.
Sd/- P. K. Banerjee. 23.11.84.
4. The petitioner further alleged that a photostat copy of the office note dated April 8, 1985 on which the post facto permission to sell the house had been granted to the petitioner by the then Chief Justice Shri P. K. Banerjee was also enclosed with the application dated April 22,1987. The office note dated April 8, 1985 alongwith the order passed thereon by Shri P. K. Banerjee has been reproduced as under:
"Before my entering into service, my wife Mrs. Barinder Kaur Bajwa owned a house, "Bajwa Bhawan" located at 12 Jalam Vilas Scheme, B Road Paota, Jodhpur. We decided to sell house to Shri Munni Lal Garg, Advocate, Jodhpur. In consonance with c