H.S. Bhalla, J. - (1.) The petitioner, who was working as Additional District and Sessions Judge, Faridabad, lost his bread on 8.8.2002 when he was asked to go back home by passing an order of compulsory retirement in public interest. In order to revive his bread and to work actively as a Member of the Haryana Superior Judicial Service, he knocked at the door of this Court by filing a petition under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the adverse remarks recorded on the work and conduct of the petitioner for the year 1999 -2000; the rejection of the representations against these remarks and as well as the order dated 8.8.2002 (Annexure P -16).
(2.) The other facts required to be noticed for the disposal of this petition are that the petitioner was appointed to the judicial service in Haryana on 11.5.1981 as a member of the Subordinate Judicial Service. The petitioner was promoted as Additional Senior Sub Judge in December 1989 and thereafter, he was promoted as Additional District and Sessions Judge. The petitioner was suspended in contemplation of disciplinary proceedings by this Court to be initiated against him. During the course of inspection on 2.9.2000 the Inspecting Judge recorded adverse remarks on the integrity of the petitioner, which were communicated to him by District and Sessions Judge, Faridabad. Representation filed by the petitioner against those adverse remarks was also dismissed by the then Inspecting Judge. The petitioner filed Civil Writ Petition No. 7009 of 2002 praying for the quashing of the suspension order as he remained under suspension virtually for two years without any charge sheet or inquiry and the High Court passed an order on 6.5.2002 in the writ petition directing that the respondent should pass an appropriate speaking order on the representation of the petitioner dated 2.4.2002. On 24.7.2002 suspension order passed against the petitioner was revoked. The petitioner re -joined his service on 30.7.2002. Memo dated 25.7.2002 was communicated to the petitioner on 31.7.2002 by virtue of which he was informed that Hon'ble the Chief Justice and the Hon'ble Judges of the High Court had been pleased to record in the Annual Confidential Report for the year 19992000 that his integrity was doubtful. The Government of Haryana on the recommendations of this Court passed the impugned order dated 8.8.2002 (Annexure P -16) retiring the petitioner from service in public interest.
(3.) This petition was contested by the respondents. Most of the assertions raised in the petition were denied by the respondents. However, it is submitted through the reply that the petitioner was reinstated in service vide office order dated 24.7.2002 and assumed charge on 30.7.2002. In the meanwhile, in the meeting of Hon'ble Judges held on 26.7.2002, the matter regarding retention in service of the petitioner beyond the age of 50 years was considered and it was decided that a recommendation be made to Haryana Government that the petitioner be retired from service forthwith by giving him three months' pay and allowances in lieu of notice as it would be in public interest to do so. It has been further pointed out that in accordance with the aforesaid decision, the requisite recommendation was made to Haryana Government vide this Court's letter dated 29.7.2002 and the Haryana Government vide order dated 8.8.2002 conveyed the order of the Governor of Haryana retiring the petitioner from service with effect from the date of communication to him on payment of three months' pay and allowances in lieu of the period of notice. A copy of the original order was sent to the District and Sessions Judge, Faridabad for effecting the service upon the petitioner and District Judge was requested to obtain and forward his acknowledgment, charge relinquishing report and copy of receipt of payment of pay and allowances so that the same be sent to Haryana Government for issuing necessary Gazette notification. District Judge was further requested to make necessary arrangement for the payment of three months' pay and allowances in lieu of period of notice. District and Sessions Judge, Faridabad, vide letter dated 13.8.2002 has forwarded the acknowledgment in original in token of having received the retirement order dated 8.8.2002 of the Haryana Government and charge relinquishing report dated 10.8.2002 obtained from the petitioner. It is further pleaded that District Judge has further intimated that Dalbir Singh Nazir of his Office was deputed to hand over the draft amounting to Rs. 60,621/ -to the petitioner, but as reported by the Nazir, he has refused to accept the said draft and the same has now been sent to the petitioner through registered post. The Haryana Government has also issued a notification dated 30.9.2002 retiring the petitioner from government service with effect from 10.8.2002 (After Noon) in terms of order dated 8.8.2002 of the Governor of Haryana and finally, it was prayed that the petition be dismissed.;