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HIGH COURT OF PUNJAB AND HARYANA
HARJINDER PAL SINGH - II – Appellant
Versus
STATE OF PUNJAB AND ANR. – Respondent
CWP 16249 / 2018
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No. 16249 of 2018 (O&M)
Reserved on : 31.01.2025 Pronounced on : 15.05.2025 Harjinder Pal Singh-II son of Shri Gurmej Singh …..Petitioner versus State of Punjab and another …..Respondents CORAM: HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SUMEET GOEL, JUDGE Present : Mr. DS Patwalia, Senior Advocate with Mr. Saurabh Arora, Advocate, for the petitioner.
Mr. Saurav Khurana, Addl. Advocate General, Punjab.
Mr. Rajiv Kawatra, Advocate, for respondent No.2.
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SHEEL NAGU, CHIEF JUSTICE Writ as well as supervisory jurisdiction under Article 226 read with Article 227 of the Constitution of India is invoked to assail the order dated 10.04.2018 (Annexure P-21) by which the petitioner on attaining the age of 55 years has been prematurely retired in public interest from the Punjab Superior Judicial Services.
2. The factual matrix involved in this case necessary for adjudication is detailed below in chronological manner:-
Dates
Events
1992
Petitioner initially appointed as Civil Judge (Jr. Divn.), in Punjab.
09.06.1992 to 17.09.2001
Petitioner remained posted as Civil Judge in different districts in State of Punjab
17.09.2001 to
Petitioner was promoted as Addl. Civil Judge (Sr.
07.03.2008
Division).
07.03.2008 to 7.04.2009
Petitioner promoted as Chief Judicial Magistrate-cum- Addl. Civil Judge (Sr. Division).
7.4.2009 to 31.03.2011
Petitioner appointed as Addl. District & Sessions Judge (Adhoc-Fast Track Court).
01.04.2011 to 05.06.2012
Petitioner again posted as Civil Judge (Sr. Division).
06.06.2012 to 10.11.2012
Petitioner again posted as Addl. District & Sessions Judge (Adhoc), Fast Track Court.
10.11.2012
Petitioner was promoted on regular basis to the post of Addl. District & Sessions Judge.
11.03.2015 (P/2)
While the petitioner posted as AD&SJ, at Jalandhar, in a matrimonial case JMIC, Jalandhar passed an order stating that one Judicial Officer of Superior Judiciary is repeatedly trying to influence the JMIC.
21.03.2015 (P/3)
JMIC, Jalandhar submitted his comments stating that the petitioner repeatedly tried to influence him to vacate the stay and allow the respondent party to operate the bank locker.
24.03.2015
Administrative Judge summoned the concerned JMIC and verified the facts with regard to the complaint made by him against the petitioner. Even hearing was afforded to the petitioner.
26.03.2015 (P/4)
The Administrative Judge submitted his comments to the then Acting Chief Justice for consideration.
April, 2015
Petitioner was transferred from Jalandhar to Tarn Taran in April, 2015.
18.5.2015 (P/5)
Pursuant to the said note dated 26.03.2015, comments on all the issues were called from the petitioner.
01.07.2015 (P/6)
Petitioner duly submitted his comments.
05.8.2016 (P/11)
Adverse remarks in ACR of the year 2015-16 were conveyed.
26.08.2016 (P/15)
A charge sheet under Rule 5 read with Rule 8 of Punjab Civil Services (Punishment and Appeal) Rules, 1970 and Rule 3 of Punjab Government Employees Conduct Rules, 1966 was issued to petitioner.
17.01.2017 (P/12)
Petitioner submitted representation for expunging the remarks recorded in column Nos. 1(B), 2 and 7 in the ACR for the year 2015-16 and for up-grading the remarks recorded in column No. 9 recorded by the Administrative Judge.
20.02.2017 (P/13)
Representation dated 17.01.2017 submitted by the petitioner against the remarks of ACR (2015-16) was considered and rejected by the High Court on administrative side.
27.02.2017 (P/16)
Petitioner submitted his reply to the charge-sheet.
28.02.2017 (P/7)
Adverse remarks in ACR of the year 2014-15 were conveyed.
17.08.2017 (P/8)
Petitioner submitted representation for expunging the adverse rema
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