The dismissal of a judicial officer was quashed due to violation of natural justice and lack of proper inquiry into adverse remarks in ACRs.

JUDGMENT :

(Sureshwar Thakur, J.)

The instant petition has been preferred by the petitioner seeking quashing of -

(i) B satisfactory/average grading in ACRs of 2007-2008 of the petitioner.

(ii) The impugned adverse remarks in ACR of 2008-2009 of the petitioner.

(iii) B satisfactory/average grading in ACRs of 2009-2010 of the petitioner.

(iv) The non-recording of ACR of 2010-2011 of the petitioner.

(v) The impugned order dated 8.8.2012 reverting the petitioner.

(vi) The impugned change in the venue and of inquiry officer and impugned invalid inquiry report dated 19.5.2014.

(vii) The impugned recommendation of Vigilance/Disciplinary Committee in its meeting dated 16.9.2014 and the resolution passed on dated 21.1.2015 of the Hon’ble Full Court for imposing penalty of dismissal of the petitioner from service on the basis of the impugned ACR for the year 2008-2009.

(viii) The impugned order dated 10.3.2015 of the Government of Punjab dismissing the petitioner from service with immediate effect.

(ix) Impugned withholding of GPF of the petitioner till the pendency of the present petition.

Brief facts of the case

2. In the instant petition, it is averred that the petitioner was appointed as a Civil Judge-cum-Judicial Magistrate and was posted at Jalandhar on 5.6.1997. In the impugned ACR for the year 2007-2008, B satisfactory/average grading was given to the petitioner without appraisal of his work done. The petitioner was promoted as Additional Civil Judge (Senior Division) and became posted at Balachaur on 5.6.2008. It is further averred thereins that during the entire service of the petitioner, prior to the period in question, his integrity was found good by the Hon’ble Administrative Judges, and, that the adverse remarks were noted against the petitioner only in the ACR for the year 2008-2009, whereas, no adverse remarks became recorded by the Hon’ble Administrative Judge in the ACR of 2009-2010. The petitioner was never appraised of acts leading to doubt vis-a-vis his integrity during the entire inspection for the year 2008-2009. It is further averred, that though in para 9 of the ACR of the petitioner for the year 2008-2009 it is recorded as “C” integrity doubtful’, whereas, in column 2 of the said ACR, it is recorded that the units earned by the petitioner in the relevant period were more than the prescribed norms. It is also averred that the petitioner vide application dated 14.5.2015 applied for the copies of written or oral complaints regarding his work and conduct as judicial officer for the relevant period relating to his integrity, promotion of groupism in bar and not acting as per law. In response to the said application, the petitioner was provided four complaints, whose perusal discloses, that 3 complaints were filed against his work and conduct at Gurdaspur, where he was posted from mid 2006 till mid 2008, and, only one complaint was filed against him by one Harpreet Singh for the relevant period i.e. from 5.6.2008 to 31.3.2009, and, the said complaint was in the nature of transfer application, whereins, the complainant was having grudge against short adjournments.

3. The petitioner received the impugned ACR dated 16.9.2009 for the year 2008-2009 whereins adverse remarks qua his integrity were recorded. Subsequently, the petitioner filed a representation dated 23.3.2010 for expunging the adverse remarks in the impugned ACR (supra). He also moved representations against average grading in the ACRs of 2007-2008 and 2009-2010. However, in the meeting of the Vigilance Committee, the representations (supra) became rejected. Consequently, on the basis of adverse remarks in the impugned ACR of 2008-2009, and, on the basis of the impugned report of the inquiry officer dated 19.5.2014, the impugned order dated 21.1.2015 was passed by this Court, which recommended the imposition of major penalty upon the petitioner, and, which resulted in the passing of the impugned order dated 10.3.2015 by the Governor of Punjab, wherebys the petitioner w