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2025 Supreme(P&H) 1396

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH 
Sheel Nagu, CJ. and Sumeet Goel, J.
Pradeep Synghal – Appellant
Versus
State Of Punjab And Others – Respondent
CWP-6448-2024 (O&M)
Decided on : 24-03-2025

Advocate Appeared:
For the Appellant :Mr. Vijay Kumar Jindal, Senior Advocate with Mr. R. Kartikeya, Mr. Pankaj Gautam & Mr. Abhishek Shukla, Advocates
For the Respondent:Mr. Salil Sabhlok, Mr. Gaurav Chopra, Mr. Ranjeet Singh Kalra & Ms. Seerat, Advocates

JUDGMENT :

1. The petitioner has invoked the writ jurisdiction of this Court, seeking the issuance of a writ of certiorari for quashing the Charge-sheet dated 14.07.2021, Inquiry report dated 07.01.2023, Vigilance and Disciplinary committee's order dated 31.07.2023 and the subsequent acceptance thereof by the Full Court held on 06.10.2023 as well as the consequential order of dismissal from service dated 14.11.2023.

2. Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated, thus:

(i). Having qualified the Punjab Civil Services (Judicial) Examination in the year 2011, the petitioner was appointed as a Civil Judge (Junior Division) and in May 2016, the petitioner was promoted to the post of Civil Judge (Senior Division), Jagraon.

(ii). Subsequent to the complaint(s) made against the petitioner and after having been afforded opportunity to respond thereto, a fact-finding inquiry was constituted wherein the statements of several witnesses, including the staff members was recorded consequent thereupon the petitioner was placed under suspension vide order dated 14.12.2020. Further, vide memorandum dated 14.07.2021, a charge sheet was served upon the petitioner, with prime allegations as follows:

(iii). Upon the petitioner's submission of reply to the charge sheet dated 14.07.2021, an Inquiry Officer was appointed to examine the matter. The said Inquiry Officer, vide her report dated 07.01.2023, rendered findings wherein Charges No. 1, 2, and 4 were held to be duly substantiated against the petitioner.

(iv). The petitioner was served with a show cause notice, through a communication dated 01.03.2023, accompanied by a copy of the inquiry report. In response thereto, the petitioner submitted reply dated 07.04.2023, wherein the petitioner challenged the veracity and legitimacy of the inquiry report, raising objections regarding its genuineness, procedural propriety, and evidentiary sufficiency.

(v). The matter was thereafter placed before the Vigilance Committee of Respondent No.3 - High Court, which in its meeting on 31.07.2023, considering the reply filed by the petitioner, resolved to accept the findings of the inquiry report dated 7.01.2023 and accordingly recommended the imposition of the major penalty of dismissal from service upon the petitioner.

(vi). Subsequently, the matter was submitted for consideration before the Full Court of Respondent No.3 - High Court, which on 06.10.2023, approved and affirmed the recommendation of the Vigilance Committee, thereby sanctioning the petitioner's dismissal from service.

(vi). The order dated 14.11.2023 was consequently issued, whereby the petitioner was dismissed from service, thereby terminating his tenure as Additional Civil Judge (Senior Division).

(vii). It is in the backdrop of this factual milieu that the writ petition in hand seeks consideration at hands of this Court.

3. Learned counsel for the petitioner; led by Shri Vijay Kumar Jindal, Senior Advocate; have contended that the petitioner had been discharging his judicial functions with utmost rectitude and impartiality, which incurred the displeasure of certain local advocates and litigants. It is asserted that, motivated by malice, false and frivolous complaints were engineered against the petitioner with the sole intent of tarnishing his reputation and maligning his judicial integrity. It has been further iterated that there is no worthwhile material brought on record during the course of inquiry which may connect or hold the petitioner liable for any misconduct. It has been further urged by learned counsel that the Inquiry Officer, in her report dated 07.01.2023, erroneously inferred misconduct on the petitioner's part, despite the absence of cogent, probative and legally sustainable evidence on record. It is further argued that no substantive material exists to support the alleged misconduct, and that the findings of the Inquiry Officer are perverse, arbitrary, and wholly unsustainable in law. It is

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