M.Katju and Krishna Kumar, JJ. - (1.) This writ petition has been filed for quashing the removal order dated 17.4.97 Annexure-H to the petition and for a mandamus directing respondents to treat the petitioner in service.
(2.) We have heard Shri N. C. Rajvanshi learned counsel for the petitioner and Shri Sunil Ambwani learned counsel for the High Court.
(3.) The petitioner was appointed as Munsif Magistrate on 31.5.75 in the U. P. Judicial Service. He was promoted as Chief Judicial Magistrate in 1983 and as an Additional District Judge in 1987. In para 6 of the petition, it is alleged that his service record was throughout good and no adverse entry was ever communicated to him. In para 7 of the petition, it is alleged that even in 1992 he was communicated a good entry. However, he was suspended vide order dated 29.7.92 copy of which is Annexure-A and given a charge-sheet copy of which is Annexure-C to the petition. A true copy of the petitioner's reply is Annexure-D. The enquiry officer found that the main charges are not proved but he found charge Nos. 2 (ii), 4 (iii) and 5 to be proved. True copy of enquiry report is Annexure-E. A chart showing the charges and the findings is Annexure-G to the petition. Thereafter the High Court recommended the removal of petitioner from service and the Governor of U. P. by order dated 17.4.97 Annexure-H to the petition passed the impugned removal order, hence this writ petition.;