Full Judgment Text
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.1138 OF 2010
(@ SLP(C)No.6298/2008)
INDERJIT SINGH ... APPELLANT(S)
VERSUS
STATE OF PUNJAB TR.COLLECTOR & ANR. ... RESPONDENT(S)
O R D E R
Leave granted. Delay condoned.
The appellant was an Ahlmad in the Court of Civil Judge
(Junior Division), at Barnala in Punjab. On 14.06.1996 at about
7.30 p.m., when some of the Judicial Officers made a surprise
inspection of the Court premises, they found the appellant, one
Chowkidar and a constable at the premises. They found that these
persons were drinking alcohol within the court premises. The matter
was reported to the District Judge and thereafter an inquiry was
conducted and the appellant was found guilty and his services were
terminated. The appellant challenged the same by way of Writ
Petition before the High Court and the same was dismissed. Aggrieved
by the same, he is before this Court by way of this appeal.
Heard learned amicus curiae and learned counsel for the
State.
It is pointed out by learned counsel for the appellant
that one of the persons, who was on duty at that time along with the
appellant herein, though found guilty in the inquiry, has filed an
appeal before this Court and this Court allowed his appeal
2
th
and he was ordered to be re-instated in service vide order dated 4
February 2002 in Civil Appeal No.943 of 2002. The present
appellant was not on duty on that day but he was found at the court
premises. Though we deprecate the conduct shown by the appellant,
but having regard to the fact that he has to maintain his family and
also for the reason that his colleague was reinstated in service, we
direct that the appellant be reinstated in service. We make it
clear that he is not entitled to any back-wages or any other service
benefits. He is directed to be reinstated within a period of one
month from this date and his previous service may be reckoned only
for the purpose of pension.
The appeal is disposed of accordingly. No costs.
..................CJI
(K.G. BALAKRISHNAN)
...................J.
(V.S.SIRPURKAR)
...................J.
(DEEPAK VERMA)
NEW DELHI;
29TH JANUARY, 2010