Inderjit
Singh Vs. State of Punjab Tr.Collector & ANR. [2010] INSC 72 (29 January
2010)
Judgment
IN THE
SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1138 OF
2010 (@ SLP(C)No.6298/2008) INDERJIT SINGH ... APPELLANT(S) VERSUS O R D E R
Leave granted. Delay condoned.
The
appellant was an Ahlmad in the Court of Civil Judge (Junior Division), at
Barnala in Punjab. On 14.06.1996 at about 7.30 p.m., when some of the Judicial
Officers made a surprise inspection of the Court premises, they found the
appellant, one Chowkidar and a constable at the premises. They found that these
persons were drinking alcohol within the court premises. The matter was
reported to the District Judge and thereafter an inquiry was conducted and the
appellant was found guilty and his services were terminated. The appellant
challenged the same by way of Writ Petition before the High Court and the same
was dismissed. Aggrieved by the same, he is before this Court by way of this
appeal.
Heard
learned amicus curiae and learned counsel for the State.
It is
pointed out by learned counsel for the appellant that one of the persons, who
was on duty at that time along with the appellant herein, though found guilty
in the inquiry, has filed an appeal before this Court and this Court allowed
his appeal and he was ordered to be re-instated in service vide order dated 4th
February 2002 in Civil Appeal No.943 of 2002. The present appellant was not on
duty on that day but he was found at the court premises. Though we deprecate
the conduct shown by the appellant, but having regard to the fact that he has
to maintain his family and also for the reason that his colleague was
reinstated in service, we direct that the appellant be reinstated in service.
We make it clear that he is not entitled to any back-wages or any other service
benefits. He is directed to be reinstated within a period of one month from
this date and his previous service may be reckoned only for the purpose of
pension.
The
appeal is disposed of accordingly. No costs.
..................CJI (K.G. BALAKRISHNAN)
...................J.(V.S.SIRPURKAR)
...................J.(DEEPAK VERMA)
NEW DELHI;
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