UDAY UMESH LALIT, J. - (1.) The instant petition under Article 32 of the Constitution of India has been filed seeking appropriate writ, order or direction in the nature of Certiorari quashing:- a) the recommendation dated 14.12.2020 made by the Full Court of the High Court[1] recommending compulsory retirement of the petitioner from the post of Additional District and Sessions Judge; and [1] High Court of Punjab and Haryana b) order dated 05.01.2021 passed by the Governor of Haryana accepting the recommendation made by the Full Court of the High Court and directing compulsory retirement of the petitioner with immediate effect.
(2.) The petitioner joined Haryana Judicial Services on 16.02.1996 and was promoted in 2008 to the Haryana Superior Judicial Services. Pursuant to certain complaints made against the petitioner, including one made by the Bar Association, an enquiry was conducted, during the course of which the petitioner was asked to furnish statements regarding his bank accounts and property for the years 2006 to 2009. A preliminary report dated 21.04.2011 found that there was no documentary evidence regarding allegations of land purchases. It was, however, observed that there were "heavy unexplained bank transactions". The report was reviewed by the Administrative Committee of the High Court on 03.08.2011, which decided to initiate disciplinary proceedings against the petitioner and recommended that the petitioner be put under suspension. On 05.08.2011 the Full Court ordered that the Vigilance/Disciplinary Committee proceedings be initiated against the petitioner and that the petitioner be suspended till the proceedings were concluded.
(3.) On 26.04.2012, a charge-sheet was served upon the petitioner accusing him of conduct against judicial ethics inasmuch as he had deposited and withdrawn large sums of money without giving any specific reason for that. The petitioner replied to those charges submitting inter alia that those irregular deposits in his accounts were from the maturity amounts of his LIC policies, sale of properties which were acquired by him before he entered the judicial service, maturity of PPF accounts and other bank bonds. The Inquiring Authority submitted a report on 23.05.2016 finding the petitioner guilty of unexplained transactions.;