Tejinder Singh Dhindsa, J. - (1.) Challenge in the present writ petition is to the order dated 30.5.2009, Annexure P1, whereby the petitioner has been ordered to be compulsorily retired from service, as also to the order dated 23.5.2012, Annexure P5, whereby the statutory appeal preferred by him has also been dismissed.
(2.) A brief factual backdrop would be necessary.
(3.) The petitioner at the relevant point of time was working as Ahlmad in the Court of the then Additional Civil Judge, Senior Division, Rupnagar. On 29.9.1997, the Reader of the concerned Court informed that the petitioner had sent a leave application for the grant of leave for 29.9.2007 which was received at 9.30 a.m. Around 10.30 a.m., the Judicial Officer conducted the surprise inspection of the room of the Ahlmad. It was found that on the seat of the petitioner, one stranger was sitting and dealing with the civil files pertaining to that Court. Upon enquiring, it transpired that such stranger was none other than the nephew of the petitioner, namely, Devinder Singh. Such Devinder Singh further informed the Presiding Officer that he had been asked by his uncle i.e. the present petitioner to do the work on his seat for which he was to be compensated in terms of giving Rs.span 50/- to Rs.span 100/- and had also been assured that he would be adjusted on the job of Clerk with some Advocate. The Judicial Officer recorded the statement of Devinder Singh to such effect. The matter was reported to the District & Sessions Judge, Rupnagar whereupon a charge-sheet dated 16.10.2007 was served upon the petitioner. The specific article of charge drawn against the petitioner was to the following effect: "On 29.9.2007 at about 10.30 A.M. when your Presiding Officer Mrs. Navjot Sohal conducted surprise inspection of your room of Ahlmad, Davinder Singh son of Nachhatar Singh claiming himself to be your nephew, was dealing with the civil files pertaining to the Court of Ms.Navjot Sohal, Addl. Civil Judge (Sr.Divn.), Rupnagar. You authorised a stranger Davinder Singh to deal with the judicial files. Your above said conduct shows that you are guilty on misconduct, negligence, irresponsible and of dereliction in the performance of your official duties and thus unbecoming of a public servant.";