Inderjit Singh vs State Of Punjab Tr.Collector ... on 29 January, 2010

     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

and he was ordered to be re-instated in service vide order dated 4th  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