(Delivered by Virendra Kumar-II, J.)

1. Heard Mr. Sharad Kumar Srivastava, learned counsel for petitioner and learned counsel for opposite parties.

2. The petitioner has instituted this writ petition under Article 226 of the Constitution of India assailing the impugned order dated 17.1.2006 passed by respondent no. 1 on the recommendation of respondent no. 2, the punishment order of deduction of 25% amount from his pension has been passed against him.

3. It is pleaded by the petitioner that punishment imposed against him is most illegal, arbitrary, unreasonable and uncalled for. The petitioner joined as Member of U.P. Judicial Service on 9.11.1970 having been selected by U.P. Public Service Commission. He had discharged his duties with due diligence, sense of duty and to the satisfaction of his higher authorities. It is further submitted that service career of the petitioner has all along been unblemished. He was promoted on higher grades and position, whenever the same became due to him.

4. It is further pleaded that the petitioner was transferred in the month of August, 1988 as District Judge from district Etah to Ghazipur. While he was posted as District Judge Ghazipur, Hon'ble High Court directed to initiate recruitment proceedings for appointment of Class-III employees in Ghazipur Judgeship vide order dated 15.01.1999. He constituted a selection committee vide order dated 25.4.1999 for conducting the selection process after determination of the vacancies. The selection committee submitted a report on 01.05.1999 determining 21 vacancies which included 12 vacancies for Clerks, 2 for Personal Assistants and 7 vacancies for Stenographers.

5. It is mentioned that after determination of the vacancies by the selection committee, an advertisement inviting applications from eligible candidates for the post in question was published. The vacancies were duly and widely notified in the newspapers and through other means. The requisition for the vacancies was also sent to the Employment Exchange of the district. The date of examination as part of the recruitment process was fixed on 04.07.1999. This Court was also informed vide letter dated 05.05.1999 about the constitution of the aforesaid selection committee and about availability of vacancies, as also the date on which the examination was scheduled. The petitioner has also mentioned that selection committee comprised of Sri Ram Singh, Additional District Judge/Chairman and three other members, namely, Sri Shamshad Ahmad, Civil Judge (Sr. Div.), Sri Mahendra Singh, Civil Judge (Jr. Div.) and Sri Raghvendra Singh, Ist Additional Civil Judge (Jr. Div.).

6. It is further pleaded by the petitioner that he being appointing authority vide order dated 19.05.1999 directed the Chairman of selection committee to reserve the vacancies for Class IV employees in their promotee quota of Class-III posts and to conduct the examination for promotion of Class-IV employees as per rules. The examination for appointment to Class-III posts was held on 04.07.1999 under supervision of the selection committee and no complaint was received from any corner.

7. It is further submitted by the petitioner that the merit of the candidates, who appeared in the examination, was prepared and after evaluation of the answer scripts and coding and de-coding of the marks obtained by the candidates, the select list was prepared by the selection committee, which was thereafter approved by the petitioner. In the capacity of District Judge being the appointing authority on the recommendations made by the selection committee, the select list was immediately communicated to this Court on 11.08.1999 i.e. on the date itself, when merit list/select list was prepared and submitted by the selection committee. On the basis of select list, a roster was prepared and also appointment orders were issued by the petitioner in the capacity of appointing authority as District Judge. Thereafter the petitioner was transferred to Al