TMI Blog1988 (5) TMI 367X X X X Extracts X X X X X X X X Extracts X X X X ..... te Government by its order dated 14.4.1983 appointed the appellant as Addl. District and Sessions Judge on probation for a period of two years in accordance with Rule 10(1) of the Punjab Superior Judicial Service Rules 1963, as adopted by the State of Haryana (hereinafter referred to as the Rules). The High Court by its order dated 27.4.1983 posted the appellant to Hissar as Addl. District and Sessions Judge where he joined his duties on 2.5. 1983. While he was posted at Hissar certain incidents took place as a result of which the Bar Association of Hissar passed a resolution against the appellant and as a result of which he was transferred from Hissar to Narnaul as Addl. District Sessions Judge where he assumed charge of his office on 5.5.1984. While the appellant was posted at Narnaul inquiry into certain complaints against him was held by a Judge of the High Court. After the inquiry the High Court at its meeting held on 21.3.1985 resolved that the appellant's work and conduct was not satisfactory during his probationary period and as such his services deserved to be dispensed with forthwith. The High Court forwarded its recommendation for terminating the appellant's se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court, the constitutional protection available to the appellant under Article 311(2) of the Constitution, and the principles of natural justice had been violated. On the other hand, Dr. Y.S. Chitale appearing for the High Court submitted that the resolution of the High Court did not cause any stigma to the appellant and the inquiry held by the High Court was merely to judge his suitability for the service. The appellant was not entitled to the constitutional protection of Article 311(2) of the Constitution nor he was entitled to any opportunity of hearing before taking the decision for terminating the appellant's probationary period. We do not consider it necessary to deal with these rival submissions as in our opinion the High Court had no relevant material in coming to the conclusion that the appellant's work and conduct was not satisfactory during his probationary period. It appears to us as we shall presently show that the material which was taken into account was non-existent, while the other material was not relevant and further the allegations which were taken into consideration remained unsubstantiated. Having perused the entire material placed before us w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the aforesaid remarks should be expunged from the judgment in appeal. These facts show that the remarks made by Justice Bains against the appellant were unjustified, unwarranted and they ceased to be in force. On 26.9.1983 while the petitioner was recording the statement of an Assistant Sub-inspector of police in a sessions case, an advocate of Hissar Sh. Nar Singh Bishnoi, came into the appellant's court and made a request to the appellant that Thakur Dass, the Assistant Sub-inspector of police whose statement was being recorded as a witness in a sessions case should be directed to appear in a complaint case against him (the Assistant Sub-inspector of police) pending in the court of Chief Judicial Magistrate, Hissar. The appellant told the Advocate Sh. Nar Singh Bishnoi that the Chief Judicial Magistrate should direct Thakur Dass the witness to appear in his court and Shri Bishnoi might himself bring summons and serve the same on Thakur Dass. Sh. Bishnoi went to the court of Chief Judicial Magistrate for bringing summons meanwhile the statement of Thakur Dass was recorded and on being discharged from the witness box he became free. The appellant waited for more than hal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant on getting information about the resolution addressed a letter to the Registrar of the High Court on 8.10.1983 giving his version about the incident and he further sought advice of the High Court as to whether in the circumstances the witness (Thakur Dass) should have been detained on the request of the counsel for a party to enable him to bring summons for effecting service on him and further whether it was the duty of the appellant as an Addl. District Sessions Judge to get the service effected without their being any requisition from the court of the Chief Judicial Magistrate. It appears that the High Court did not give any reply to the appellant and the guidance sought for by the appellant remained unattended. These facts clearly show how the members of the Bar Association passed the resolution condemning a judicial officer on trifling matter without applying their mind to the question. The appellant being an Additional Sessions Judge was not bound by law to detain the witness to enable counsel of a private party to bring Dasti summons for effecting service on the said witness. The members of the Bar practising before the court should be aware of the legal position and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd also against the order of releasing the convicted accused persons on probation. The appeal was dismissed on merits by Justice Tiwana, who observed that he found no infirmity in the conclusion recorded by the trial judge. The learned Judge held that Ram Nath Mehlawat, Advocate, was not a public servant though he may have been a Project Director of Adult Education Project run by a social organisation. The learned Judge further held that the conclusion of the trial judge (appellant) was correct and there was no merit in the appeal. In this view both appeal and revision filed by Sh. Ram Nath Mehlawat were dismissed and the order passed by the appellant was upheld. These facts show that Ram Nath Mehlawat failed in his attempt to get the appellant's order set aside by the High Court. Having failed to do so on the judicial side he made several complaints against the appellant making wild allegations against him about the aforesaid cases. It appears he was instrumental in getting complaints made about other matters also. These complaints were referred to the vigilance judge, who enquired into those matters and the report of the vigilance judge was placed before the full court of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaint required further investigation. We have earlier noted that Mehlawat had filed appeal and revision against the appellant's order but he failed. Justice Tiwana found no merit in the appeal and revision and he upheld the order of the appellant. Justice Tiwana expressly held that Mehlawat was not a public servant even though he was a project Director of the Adult Education Project, and the conclusion of the trial court was correct and there was no merit in the appeal and revision. We are distressed to notice that even though the High Court had upheld the appellant's order on the judicial side it took exception to the appellant's conduct in passing the orders against Sh. Mehlawat. Sh. Mehlawat had also made allegations that the appellant had accepted illegal gratification in instalments in giving judgment in his case but during the enquiry by the vigilance judge he could not produce any evidence to that effect. It is a matter of common knowledge that many a time when a litigant is unsuccessful he makes allegations against the presiding officer stating that he had received illegal gratification. Sh. Mehlawat was an unsuccessful litigant and he was highly prejudiced and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court by the High Court. He wanted to browbeat the appellant. His complaint, however, did not contain any allegation of corruption. The High Court failed to appreciate that no appeal was preferred against the appellant's judgment in the case of Mohan Lal v. Honda Ram as the parties were satisfied with the judgment. In our opinion the complaint deserved no consideration it should have been rejected out-right. The fourth complaint had been made by one Khem Chand, his grievance had been that his Rent Control Appeal had been dismissed by the appellant on 24th November 1984 and he had allowed him two months time to vacate the premises. He applied for obtaining a certified copy of the judgment but he could not get the same. Instead he got the same, after inordinate delay. The appellant's explanation was that the copying section was not under his control or supervision therefore he could not be blamed for the delay caused in supplying certified copy of the judgment to Khem Chand. The vigilance judge did not express any opinion on this matter. The above analysis of the report of the Vigilance Judge would show that out of four complaints the vigilance judge expressed opinion tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o place any material before us to support the decision of the High Court in modifing the entry. The modification of the entry is therefore without any material and is not sustainable in law. It is thus clear that so far as annual entry on the appellant's confidential roll is concerned there was no material against him which could show that the appellant's work and conduct was unsatisfactory. The facts and circumstances discussed earlier clearly show that the appellant's services were terminated merely on the basis of the report made by the vigilance judge which we have discussed in detail earlier. The note appended to the agenda of the meeting referred only to the inquiry report and it did not refer to any other matter. The Vigilance Judge failed to express any positive opinion against the appellant instead he observed that the complaints required further investigation. If the High Court wanted to take action against the appellant on the basis of the complaints which were the subject of enquiry by the vigilance judge, it should have initiated disciplinary proceedings against the appellant, then the appellant could get opportunity to prove his innocense. We have already ..... X X X X Extracts X X X X X X X X Extracts X X X X
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