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2013 Supreme(HP) 590

A.M.KHANWILKAR, KULDIP SINGH
Rajeev Sood – Appellant
Versus
State of Himachal Pradesh – Respondent


For the petitioner:Mr.R.L. Sood, Senior Advocate, with Mr.Ajay Mohan Goel, Mr.B.C. Negi and Mr.Arjun K. La ll, Advocates.
For the respondents:Mr.Shrawan Dogra, Advocate General, with Mr. Anup Rattan & Mr.Romesh Verma, Additional Advocate Generals and Mr. J.K.Verma, Dy. AG, for respondent No.1. Mr.Ramakant Sharma, Advocate, for respondent No.2.

JUDGMENT

A. M. Khanwilkar, Chief Justice: Heard counsel for the parties.

2. This writ petition under Article 226 of the Constitution of India takes exception to the inquiry report, dated 27th December, 2010, submitted by the Inquiring Authority (District and Sessions Judge), Hamirpur and, in particular, findings recorded therein against the petitioner in relation to Articles of Charge Nos.IV, V, VII and VIII (partly); the Full Court Resolution of the High Court, dated 11th August, 2011; and including notification issued by respondent No.1, dated 9th September, 2011, whereby the petitioner has been ordered to be compulsorily retired with all consequential reliefs.

3. The petitioner, at the relevant time, a member of H.P. Judicial Service in the cadre of Civil Judge (Senior Division), was served with a Statement of Articles of Charge framed against him containing, in all, 9 Articles. The petitioner faced departmental proceedings in relation to the said Articles of Charges. That inquiry culminated with the report submitted by the Inquiry Officer, dated 27th December, 2010. The Inquiry Officer was of the opinion that Articles of Charge Nos.IV, V, VII and VIII (partly) were proved agains








































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