Permod Kohli, J. - (1.) PETITIONER in this petition was appointed as a Judicial Officer on 8.2.1977. He served at various placed in the State of Punjab from time to time. While he was posted as Sub Judge, Ludhiana, Sh. D.S. Dhaliwal, the then District & Sessions Judge, Ludhiana made a complaint to the High Court regarding the conduct of the petitioner in dealing with an execution matter pending before him on the basis of a complaint dated 26.4.1990 made by one Smt. Raj Rani. It was also reported that the petitioner even showed insubordination and refused to send his comments to the District & Sessions Judge. The petitioner was, thereafter, transferred to Tarn Taran on 10.9.1990. It is alleged that during this period Sh.G.S. Dhaliwal, who was earlier District & Sessions Judge, Ludhiana and who had lodged a complaint with the High Court against the petitioner came to be posted as District & Session Judge, Vigilance in the High Court. It is also alleged that Sh. Amar Dutt, who was Additional District & Sessions Judge, Amritsar was batch mate of Sh. Dhaliwal and both of them humiliated and tortured the petitioner. Petitioner's court was inspected by the then Administrative Judge Justice G.R. Majithia during the year 1991 -92 at Tarn Taran and following adverse remarks were made against the petitioner:
(2.) IS he industrious and prompt in the disposal of cases and has he coped effectively with heavy work. JUDGEMENT_495_TLP&H0_20111.htm 2. A representation made by the petitioner against these remarks after a personal hearing was rejected on 11.5.1993. It is also stated that earlier "C Below Average" grading awarded to the petitioner was upgraded by the High Court suo motu as "B Satisfactory". During the year 1992 -93 petitioner's court was inspected by Justice K.P. Bhandari, the then Inspecting Judge, who also gave "C Below Average" grading to the petitioner for the said year, which was conveyed to the petitioner. It is alleged that this report was conveyed to the petitioner after a period of three years. Petitioner made representation against these adverse remarks which was rejected vide letter dated 24.11.1995. It is also alleged that since Tarn Taran was part of District Amritsar and Sh. Amar Dutt was District & Sessions Judge there and because of his close association with Sh. Dhaliwal, petitioner was awarded these adverse remarks. It is further alleged that Justice K.P. Bhandari did not visit Tarn Taran court during the year 1992 -93 nor the petitioner was called by him and without making any inspection petitioner was awarded the adverse reports. It is stated that despite the above adverse reports petitioner was granted selection grade vide order dated 5.5.1997 passed by the High Court. This benefit was released w.e.f. 1.1.1989. It is also stated that the petitioner was deputed for various courses during the years 1993, 1994, 1996 and 1997 as detailed in para 9 of the writ petition. During the period 1992 -93 petitioner was posted at Fatehgarh Sahib, Distt. Patiala. He was inspected by Justice R.S. Mongia and in the later year i.e. 1993 -94 he was inspected by Justice H.S. Brar. Petitioner claims to have earned good reports during these years. It is further alleged that both the good reports were later downgraded to "B Satisfactory" by the High Court without affording any opportunity of hearing to the petitioner. It is further case of the petitioner that batch mates of petitioner of 1997 batch were promoted as Additional Senior Sub Judges w.e.f. 14.6.1991, as Chief Judicial Magistrate w.e.f. 1.1.1993 and as Additional District & Sessions Judges w.e.f. 12.11.1996 but the petitioner was ignored for such promotions on the basis of the above adverse reports. His representation against non -promotion also came to be rejected. Vide order dated 27.7.1999 petitioner was prematurely retired in terms of Clause (a) of sub rule (1) of Rule 3 of the Punjab Civil Service (Premature Retirement) Rules, 1975 by the Governor of the State on the recommendations of the Punjab & Haryana High Court in public interest. Petitioner's representation against his premature retirement also came to be rejected vide letter dated 30.11.1999. These orders are subject matter of challenge in the present petition. Petitioner has challenged his premature retirement on the following grounds: - 1. The petitioner has rendered 23 years of judicial service and there has been no complaint or inquiry against him nor there has been any adverse report regarding his integrity. 2. The order of premature retirement is the outcome of personal malice and prejudice, which are attributed to Justice G.R. Majithia and Justice K.P. Bhandari, the then Judges of this Court. 3. His good reports recorded by Justice R.S. Mongia and Justice H.S. Brar have been downgraded without affording any opportunity of being heard.
(3.) RELYING upon instructions dated 20.9.1979 issued by the High Court, it is stated that, if, the last report is "B Plus" then the Judicial Officer cannot be prematurely retired.;