L.P.A No. 60 of 2003 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

--

L.P.A No. 60 of 2003

Date of decision: 20.01.2009

The High Court of Punjab & Haryana, Chandigarh and anr ......Petitioners

Versus

Dilbagh Singh

.......Respondent

Coram:

Hon'ble Mr. Justice Ashutosh Mohunta

Hon'ble Ms Justice Nirmaljit Kaur

-.-

Present:

Mr. Amit Jain, Advocate

for the petitioner

Mr. G S Bal, Advocate

for the respondent

-.-

Nirmaljit Kaur, J.

Facts of the case, in brief, which culminated into filing of the

present appeal are that respondent, Dilbag Singh, was issued appointment

letter dated 26^th July, 1976 (Annexure P-1) by the District and Sessions

Judge, Ropar for appointing him as Process Server. His appointment was

purely on temporary basis, and the same was liable to be terminated at any

time without any notice and without assigning any reason. On the basis of

complaint dated 03.11.1981, made by the Senior Sub Judge, Ropar, the

petitioner was placed under suspension by the District and Sessions Judge,

Ropar with effect from 03.10.1981. Accordingly, a charge sheet was

issued to the petitioner. On 23.11.1981, the petitioner submitted his reply

denying the allegations levelled against him in the said charge-sheet. The

L.P.A No. 60 of 2003 2

aforesaid reply filed by the petitioner was considered by the District and

Sessions Judge, Ropar and found it unsatisfactory. A regular departmental

enquiry was ordered to be held against him. After receiving the report of

the Enquiry Officer holding him guilty of having committed gross act of

insubordination, Shri Dilbag Singh was duly informed of the imputation of

misconduct, as well as the finding of the Inquiry Officer, and was also

given personal hearing for the imposition of minor punishment.

Respondent was found guilty of gross mis-behaviour. However, keeping in

view the peculiar circumstances of the case, only a penalty of censure with

recordable entry in his service book was inflicted on him. Thereafter, vide

order dated 12.01.1984 (Annexure P-3), passed by the District and Sessions

Judge, Rupnagar, the services of the petitioner were terminated, as 'no

longer required'. Then, the petitioner preferred an appeal against the order

of termination before this Hon'ble Court. During the pendency of his

service appeal, the petitioner also filed Civil Writ Petition No. 19203 of

1991 challenging his termination order, which was dismissed vide order

dated 20.12.1991 (Annexure R-2). Thereafter, the petitioner filed Petition

for Special Leave to Appeal (Civil No. 14435 of 1995) before the Hon'ble

Supreme Court, which was also dismissed vide order dated 07.12.1992

with the observations that the departmental appeal of the petitioner be

disposed of within a period of three months. Finding no merit in the

service appeal filed by the petitioner, the same was dismissed vide order

dated 31.08.1995 (Annexure P-8). The petitioner challenged the aforesaid

action of the respondents by filing Civil Writ Petition No. 15852 of 1995,

which was allowed by the learned Single Bench of this Court vide order

L.P.A No. 60 of 2003 3

dated July 3, 2002. The present LPA has been filed by the appellant,

challenging the order dated 03.07.2002 passed by the learned Single Judge

in CWP No. 15852 of 1995 vide which the learned Single Bench has

allowed the writ petition filed by the respondent, and quashed the order of

his termination dated 12.01.1984 (Annexure P-3), as also ordered his

reinstatement with all consequential benefits viz. Seniority, arrears of pay

etc.

Learned counsel for the appellant has challenged the judgment

of the learned Single Judge mainly on the ground that civil writ petition

(CWP No.