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2021 Supreme(HP) 766

RAVI MALIMATH, JYOTSNA REWAL DUA
Manoj Kumar Bansal, Son of Late Sh. Brij Bhushan Bansal – Appellant
Versus
State of Himachal Pradesh through the Chief Secretary Financial Commissioner-Cum-Home Secretary – Respondent


Advocate Appeared:
For the Petitioner:Sh. Amar Vivek Aggarwal and Sh. Rajesh K. Parmar, Advocates
For the Respondent:Sh. Ashok Sharma, Advocate General With Sh. Ranjan Sharma, Smt. Ritta Goswami, Sh. Vikas Rathore, Additional Advocates General And Smt. Seema Sharma, Deputy Advocate General, Smt. Shalini Thakur, Advocate

ORDER :

Jyotsna Rewal Dua, J.

Petitioner was a judicial officer. After culmination of disciplinary proceedings, penalty of compulsory retirement was imposed upon him in the year 2000. Pursuant to interim order passed in the petitions filed by him, petitioner continued to serve. Litigations reached the Hon’ble Apex Court. Subsequently another disciplinary proceeding was initiated against the petitioner in the year 2005, whereunder he was compulsorily retired on 10.06.2010. In the instant petition, petitioner has called in question the second disciplinary proceedings & the orders passed thereunder.

2 Facts:

2(i) Petitioner joined Himachal Pradesh Judicial Service on 23.02.1987. He faced departmental proceedings culminating in imposition of penalty of compulsory retirement upon him on 22.09.2000. Respondent No.3 the then District and Sessions Judge, Shimla was the inquiry officer in the inquiry proceeding. In his inquiry report, he held that all the charges levelled against the petitioner were established. CWP No.943/2000 filed by the petitioner in respect of this disciplinary proceeding was allowed by the learned Single Judge. Petitioner was exonerated from all the charges. In LPA No.50/

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