BALDEV RAJ GULIANI STATE OF HARYANA Vs. PUNJAB AND HARYANA HIGH COURT:BALDEV RAJ GULIANI
LAWS(SC)-1976-8-15
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on August 30,1976

STATE OF HARYANA,BALDEV RAJ GULIANI Appellant
VERSUS
PUNJAB AND HARYANA HIGH COURT,BALDEV RAJ GULIANI Respondents

JUDGEMENT

Goswami, J. - (1.) These two appeals are by certificate from the judgment of the Full Bench of the High Court of Punjab and Haryana. Both the appeals question the decision of the High Court - one by the Judicial Officer and the other by the State Government.
(2.) The appellant in Civil Appeal No. 908 of 1975 (hereinafter to be referred to as the officer) was originally a member of the Punjab Civil Service (Judicial Branch). He was appointed as a Subordinate Judge, IV Class, on February 27, 1956. Thereafter he was promoted as a Sub-Judge, First Class, and was duly confirmed. While, as a Subordinate Judge-cum- Magistrate First Class in Amloh, District Patiala, the Bar Association of Amloh on May11, 1965, sent a resolution to the High Court levelling certain charges against the officer affecting his integrity and impartiality. The High Court ascertained the facts through a preliminary enquiry held by the District Judge, apparently, ex parte, at this stage. Thereafter, on the report of the District Judge a regular departmental enquiry was instituted. The officer was suspended by the Government on June 6, 1966, at the instance of the High Court. The District judge, Sangrur, was appointed as the Enquiry Officer on July 21, 1966. He enquired into the charges levelled against the officer. The Enquiry Officer submitted his report and found him guilty of all the charges except one. The High Court agreed with the Enquiry Officer and came to a tentative conclusion that the officer should be removed from service.
(3.) Meanwhile the services of the officer were allocated to the State of Haryana with effect from November 1, 1966.;


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