Ritu Bahri, J. - (1.) Petitioner by way of present writ petition, has challenged order 30.4.2015/02.05.2015 whereby he has been compulsorily retired from service w.e.f. 30.06.2015 on completion of 25 years of service, in terms of Rule 33A(4)(iii) of the High Court Establishment (Appointment and Conditions of Service) Rules, 1973 (for short 'Rules 1973')
(2.) Brief facts of the case, which can be culled out from the pleadings, reads as under: - Petitioner joined the services of the establishment of this Court as Chowkidar on 05.05.1990 and was designated as Peon on 11.07.1990 and subsequently promoted to the post of Usher on 14.01.2014. One F.I.R. No. 326 dated 15.09.2007 under Ss. 406/420 IPC was registered against the petitioner and his wife with the allegations that they played fraud by performing a committee and for grabbing huge amount of committee members who were depositing their amount per month with them and the petitioner was placed under suspension w.e.f. 23.09.2007 i.e. the day on which he was arrested by the police. However, petitioner was acquitted by the Chief Judicial Magistrate, SAS Nagar, Mohali, vide judgment dated 11.12.2013 and his wife, who was convicted by the same judgment, was also acquitted later on, by the learned Additional Sessions Judge, vide judgment dated 05.06.2015.
(3.) Subsequently the petitioner was compulsory retired from the service by Hon'ble the Acting Chief Justice, vide order dated 30.04.2015/02.05.2015 by relying upon the punishments imposed upon the petitioner from time to time and reference was made to Rule 33(4) of Rules 1973 read with Article 229 of the Constitution of India. The punishments which were awarded to the petitioner before he was compulsory retired were minor and reads as under: - (i) Stoppage of one increment without cumulative effect, vide order dated 15.7.1993; (ii) 'Censure' vide order dated 15.02.1994; (iii) Warned to be careful in future vide order dated 24.05.2004; (iv) Stoppage of one increment without cumulative effect, vide order dated 22.08.2009; (v) 'Censure' vide order dated 05.07.2011; (vi) 'Censure' vide order dated 05.07.2011; (vii) Stoppage of two increments without cumulative effect, vide order dated 18.07.2011;.";