- (1.) The petitioner was appointed as Chowkidar on 9.3.1996 and was working in the office of Civil Judge (Senior Division)-cum-Chief Judicial Magistrate, Fatehabad. He was charge-sheeted by the then District & Sessions Judge, Hisar. The said charge-sheet dated 29.9.2003 (Annexure P-1) reads as under : "I, Arvind Kumar, District & Sessions Judge, Hisar, do hereby charge you Sh. Satbir Singh, Chowkidar in the office of Civil Judge (Senior Division)-cum-Chief Judicial Magistrate, Fatehabad as under :- That on 24.5.2003 at about 5.00 a.m., you, in front of main gate of the Court Complex, Fatehabad at a public place, had quarreled with Sh. Devi Chand, Orderly of Civil Judge (Senior Division), Fatehabad, under the influence of liquor while on duty and Sub-Inspector Bhim Singh, happened to reach there and apprehended you and Sh. Devi Chand and got you and said Sh. Devi Chand medically examined and a case bearing FIR No. 239 dated 24.5.2003 under Section 160 of the Indian Penal Code was registered in the Police Station City, Fatehabad. That you are gross negligent in the performance of your official duties which is unbecoming of a public servant and your aforesaid act also amounts to insubordination. Sd/- District & Sessions Judge, Hisar 29.9.2003."
(2.) The petitioner has submitted his reply to the charge-sheet on 1.10.2003 and after seeking reply to the charge-sheet, the learned District & Sessions Judge vide order dated 28.11.2003 had appointed an Enquiry Officer for conducting a departmental enquiry under Rule 7 of Civil Services (Punishment and Appeal) Rules, 1987 against the petitioner. The said Enquiry Officer has submitted his report against the petitioner by holding that the charges levelled against the petitioner have been proved. On receipt of the enquiry report, the learned District & Sessions Judge, Hisar issued a show cause notice for imposing a proposed punishment i.e. dismissal from service. The petitioner filed his reply to the said show cause notice and prayed for pardoning his act by considering the family circumstances. Meanwhile, Fatehabad was created as separate Sessions Division and the matter was put up before the learned District & Sessions Judge, Fatehabad, who vide his order dated 31.5.2006 dismissed the petitioner from service with immediate effect.
(3.) Aggrieved by the punishment, the petitioner preferred a service appeal before the Administrative Judge of this Court. The learned Administrative Judge after considering the facts and circumstances appearing in the enquiry report, was of the view that the learned District & Sessions Judge was wrong in awarding the punishment to the petitioner by looking into his past record for which no show cause notice was issued. Hence to this extent, the learned Administrative Judge observed that part of the order of the learned District Judge was illegal. At the same time, the Administrative Judge of this Court was of the view that the petitioner has since fought with one Devi Chand and the FIR has been registered under Section 160 of the Indian Penal Code for committing affray in which the punishment could be awarded for a period of one month or with fine which may extend to Rs. 100/- or with both. The Administrative Judge has also considered that though the petitioner has not committed such a serious offence but he has admitted his fault, he was thus of the view that a proper enquiry was conducted against the petitioner and he was afforded an opportunity to defend himself before the Punishing Authority. However, the order of dismissal was modified into the order of termination vide order dated 1.11.2006 and thereby the appeal of the petitioner was dismissed.;