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2013 Supreme(P&H) 988

Hemant Gupta, Fateh Deep Singh
Kulwinder Singh Dhaliwal – Appellant
Versus
State of Punjab – Respondent


Advocates:
Petitioner in Personal: Mr. Kulwinder Singh Dhaliwal.
For the Respondent No.1:Mr. Pavit Mattewal, Addl. Advocate General, Punjab.
For the Respondent No.2:Mr. Pawan Kumar Mutneja, Advocate.

JUDGMENT

Mr. Hemant Gupta, J.:- Challenge in the present writ petition is to an order dated 05.02.2008 (Annexure P-1), whereby penalty of dismissal from service has been imposed upon the petitioner.

2. The petitioner, born on 01.06.1967, joined as Civil Judge (Junior Division) on 14.02.1996. He was placed under suspension vide order dated 26.09.2003 in contemplation of disciplinary proceedings to be initiated against him. A charge-sheet dated 08.03.2004 (Annexure P-3) was served upon the petitioner under Rule 4 of the Punjab Civil Services (Punishment & Appeal) Rules, 1970 (for short ‘the Rules’). The Article of Charges contained in the charge-sheet are as under:

“1. That you, Shri Kulwinder Singh, Civil Judge (Junior Division), Rajpura (now under suspension), are an alcoholic and on the last day of August, 2003 at about 9.00 PM you in a drunken state, knocked at the door of Ms. Jatinder Walia, Civil Judge (Junior Division), Rajpura and kept on knocking at the door, when she did not open the same as she was alone in her house at that time.

2. That on 21.09.2003 at about 7.45 PM, you Shri Kulwinder Singh, Civil Judge (Junior Division), Rajpura, visited Eagle Hotel, Rajpura, in a dru










































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