CHANDRA BOSE Vs. GOVERNOR NCT OFDELHI

JUDGEMENT

(1.) The issue of "deemed confirmation" even though well settled has once again been raised in this writ petition under the guise of challenging the order dated May 24, 2012, whereby the petitioner has been reverted to his original position in Delhi Judicial Service with immediate effect.

(2.) The facts as culled out from the record are that the petitioner was appointed in Delhi Judicial Service ("DJS" in short) on November 02, 1992 with initial posting as a Metropolitan Magistrate. With effect from January 04, 2006 the petitioner along with others was promoted to Delhi Higher Judicial Service in terms of Rule 7(a) read with Rule 16(2) of the Delhi Higher Judicial Service Rules, 1970 ("Rules" in short) on temporary basis. On May 09, 2007 a charge-sheet was issued to the petitioner under the provisions of All India Service Rules. During the pendency of the disciplinary proceedings an order dated October 09, 2009 was issued whereby the officers promoted along with the petitioners were on confirmation appointed in substantive capacity in Delhi Higher Judicial Service with effect from 2008. The petitioner was not confirmed. The probation of the petitioner was extended vide order dated August 18, 2010 for a period of one year. Subsequently thereafter on May 24, 2012 the petitioner stood reverted to his original position of Delhi Judicial Service.

(3.) The respondent no.2 do not dispute the facts as narrated above. Part IV of the Rules which governs the appointment, probation and confirmation reads as under: