RAJINDER GOELversusHIGH COURT OF PUNJAB AND HARYANA & ANR.

314                      [2021]REPORTS
               SUPREME COURT    8 S.C.R. 314                [2021] 8 S.C.R.


A                              RAJINDER GOEL
                                        v.
           HIGH COURT OF PUNJAB AND HARYANA & ANR.
                     (Writ Petition (Civil) No. 696 of 2021)
B                              AUGUST 02, 2021
            [UDAY UMESH LALIT AND AJAY RASTOGI, JJ.]
            High Court: Judicial officer – Unexplained huge financial
      transactions – Recommendation made by the Full Court of the High
C     Court for compulsory retirement of the petitioner from the post of
      Additional District and Sessions Judge – On appeal, held: There
      were multiple transactions showing deposits and withdrawals of
      substantial amounts of money, it cannot be said that the Full Court
      was not justified in taking the view that it did – Judicial service –
      Judicial ethics – Haryana Civil Services (Punishment and appeal)
D     Rules, 1987.
           Rules of the Court, 1952: Chapter III; rule 1 –
      Recommendation made by Administrative Committee – Jurisdiction
      of Full Court to take different view in the matter – Scope of –
      Discussed.
E
            State of Uttar Pradesh v. Batuk Deo Pati Tripathi and
            another (1978) 2 SCC 102 : [1978] 3 SCR 131–
            referred to.
                             Case Law Reference
F
      [1978] 3 SCR 131                referred to              Para 9
            CIVIL ORIGINAL JURISDICTION: Writ Petition (Civil) No.696
      of 2021.
            Under Article 32 of The Constitution of India
G
            Manoj Swarup, Sr. Adv., Aditya Soni, Advs. for the Petitioner.




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                                       314
         RAJINDER GOEL v. HIGH COURT OF PUNJAB AND                             315
                     HARYANA & ANR.

         The following Order of the Court was passed:                          A
                                 O R D E R
         UDAY UMESH LALIT, J.
      1. The instant petition under Article 32 of the Constitution of India
has been filed seeking appropriate writ,order or direction in the nature of    B
Certiorari quashing :-
         a) the recommendation dated 14.12.2020 made by the Full Court
            of the High Court1 recommending compulsory retirement of
            the petitioner from the post of Additional District and Sessions
            Judge; and                                                         C
         b) order dated 05.01.2021 passed by the Governor of Haryana
            accepting the recommendation made by the Full Court of the
            High Court1and directing compulsory retirement of the petitioner
            with immediate effect.
       2. The petitioner joined Haryana Judicial Services on 16.02.1996 D
and was promoted in 2008 to the Haryana Superior Judicial Services.
Pursuant to certain complaints made against the petitioner, including one
made by the Bar Association, an enquiry was conducted, during the
course of which the petitioner was asked to furnish statements regarding
his bank accounts and property for the years 2006 to 2009. A preliminary
                                                                          E
report dated 21.04.2011 found that there was no documentary evidence
regarding allegations of land purchases. It was, however, observed that
there were “heavy unexplained bank transactions”. The report was
reviewed by the Administrative Committee of the High Court1 on
03.08.2011, which decided to initiate disciplinary proceedings against
the petitioner and recommended that the petitioner be put under F
suspension. On 05.08.2011 the Full Court ordered that the Vigilance/
Disciplinary Committee proceedings be initiated against the petitioner
and that the petitioner be suspended till the proceedings were concluded.
       3. On 26.04.2012, a charge-sheet was served upon the petitioner
accusing him of conduct against judicial ethics inasmuch as he had             G
deposited and withdrawn large sums of money without giving any specific
reason for that. The petitioner replied to those charges submitting inter
alia that those irregular deposits in his accounts were from the maturity
amounts of his LIC policies, sale of properties which were acquired by
1
    High Court of Punjab and Haryana                                           H
316            SUPREME COURT REPORTS                           [2021] 8 S.C.R.


A     him before he entered the judicial service, maturity of PPF accounts and
      other bank bonds. The Inquiring Authority submitted a report on
      23.05.2016 finding the petitioner guilty of unexplained transactions.
             4. Accordingly, a show cause notice was issued to the petitioner
      on 29.08.2016, which was replied to by the petitioner on 15.02.2017.
B     The matter was looked into by the Vigilance/Disciplinary Committee of
      the High Court1 which found that the charges levelled against the
      petitioner were not proved and recommended that he be cleared of all
      the charges. The matter was, thereafter, placed before the Full Court of
      the High Court1 which resolved in its meeting dated 04.02.2019 that the
      matter be referred back to the Vigilance/Disciplinary Committee to
C     scrutinize the property statements of the petitioner and the matter be put
      up before the Full Court thereafter. Consequently, the matter was gone
      into by the Vigilance/Disciplinary Committee, which submitted its report
      on 18.12.2019.
            5. The matter was placed before the Full Court. The Full Court in
D     its meeting dated 14.12.2020, after full deliberation, rejected the report
      dated 18.12.2019 of the Vigilance/Disciplinary Committee and resolved
      as under:-
            “The matter has been considered along with the note of the
            Registrar General. After considering the Regular Departmental
E           Enquiry Report dated 23.05.2016, reply dated 15.02.2017 submitted
            by the officer to the show cause notice dated 29.08.2016, both on
            the aspect of acceptance of Enquiry Report as well as the proposed
            penalty, we find that the Inquiry Authority has rightly rejected, for
            the reasons recorded, the defence plea raised by the delinquent
F           Officer regarding retaining huge amounts of cash in hand for the
            substantial periods in the financial years concerned, after admitting
            the withdrawals and deposits from the accounts specified in the
            Articles of Charge, which required no further proof. Accordingly,
            the report dated 17.10.2018 as well as the decision dated
            18.12.2019 of the Hon’ble Vigilance/Disciplinary Committee are
G           not accepted. Keeping in view the findings of the Inquiry Authority,
            which have been hereby accepted, the gravity of the matter and
            standards of ethics required of a Senior Judicial Officer, it is
            resolved that major penalty of compulsory retirement be imposed
            upon the delinquent Officer under Rule 4(1)(viii) of the Haryana
H           Civil Services (Punishment and Appeal) Rules, 1987
         RAJINDER GOEL v. HIGH COURT OF PUNJAB AND                             317
           HARYANA & ANR. [UDAY UMESH LALIT, J.]

         [Corresponding Rule 4(b)(v) of the Haryana Civil Services             A
         (Punishment and Appeal) Rules, 2016] and a recommendation be
         made to the Government of Haryana that the Officer be
         compulsorily retired from service with immediate effect.”
      6. An order was, thereafter, issued by the Competent Authority
on 05.01.2021 compulsorily retiring the petitioner as a measure of penalty     B
from the membership of Haryana Superior Judicial Service.
       7. The petitioner has approached this Court by filing a writ petition
under Article 32 of the Constitution and since a remedy under Article
226 of the Constitution was available to him, it was suggested that a writ
petition under Article 226 of the Constitution before the High Court would     C
give him adequate and fuller remedy.
       8. Shri Manoj Swarup, Senior Advocate for the petitioner, after
seeking instructions from his client made it clear that the petitioner would
like to pursue the present writ petition filed under Article 32 of the
Constitution. We,therefore, proceeded to hear the learned counsel for          D
the petitioner on merits.
         9. Mr. Manoj Swarup, learned Senior Advocate submitted :-
         a) Two Reports of the Committee dated 17.10.2018 and
         18.12.2019 had found nothing against the petitioner. In the
         circumstances, the Full Court could not and ought not to have         E
         recommended compulsory retirement of the petitioner; and
         b) Once the Committee had concluded that there was nothing
         against the petitioner, such conclusion was “for and on behalf of
         the Full Court” of the High Court. Reliance in support of the
         submission was placed on the Constitution Bench decision of this      F
         Court in State of Uttar Pradesh vs. Batuk Deo Pati Tripathi
         and another2.
       10. In Batuk Deo2, Rule 1 of Chapter III of Rules of Court, 1952
framed by the Allahabad High Court specifically stated that the
Administrative Committee appointed in terms of said Rule ‘shall act            G
for the Court’. In the context of said Rule, this Court observed as under:-
         “18. … … …We have pointed out above that the amplitude of
         the power conferred by Article 235, the imperative need that the

2
    (1978) 2 SCC 102                                                           H
318            SUPREME COURT REPORTS                            [2021] 8 S.C.R.


A           High Courts must be enabled to transact their administrative
            business more conveniently and an awareness of the realities of
            the situation, particularly of the practical difficulties involved in a
            consideration by the whole court, even by circulation, of every
            day-to-day matter pertaining to control over the District and
            subordinate Courts, lead to the conclusion that by rules framed
B
            under Article 235 of the Constitution the High Courts ought to be
            conceded the power to authorise an Administrative Judge or an
            Administrative Committee of Judges to act on behalf of the Court.
            Accordingly, we uphold the minority judgment of the Full Bench
            that Rule 1 of Chapter 3 of the 1952 Rules framed by the
C           Allahabad High Court is within the framework of Article 235.
            The recommendation made by the Administrative Committee that
            the respondent should be compulsorily retired cannot therefore
            be said to suffer from any legal or constitutional infirmity.”
             11. The quoted portion from para 18 of the decision discloses that
D     this Court accepted that for the convenience of transacting administrative
      business and for smooth functioning of day-to-day matters pertaining to
      control over the subordinate judiciary, it would be possible for the High
      Court to authorize and empower an Administrative Judge or an
      Administrative Committee of Judges to act on behalf of the Court. It
      was in the context of such specific authorization in favour of the
E     Administrative Committee in terms of Rule 1 of Chapter III of Rules of
      Court, 1952, framed by the High Court, that the recommendations made
      by the Administrative Committee were found to be without any
      constitutional infirmity.
             12. It does not however mean that even in the absence of Rules
F     authorizing or empowering the Committee, the decision made by or
      conclusions arrived at by the Committee would be binding on the Full
      Court or that the Full Court would not be within its jurisdiction to take a
      different view in the matter. The submission advanced by Mr. Swarup
      therefore, must be rejected.
G            13. Considering the facts and circumstances on record and in
      view of the record indicating that there were multiple transactions showing
      deposits and withdrawals of substantial amounts of money, it cannot be
      said that the Full Court was not justified in taking the view that it did.
      We do not find any reason to take a different view in the matter.
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      RAJINDER GOEL v. HIGH COURT OF PUNJAB AND                                 319
        HARYANA & ANR. [UDAY UMESH LALIT, J.]

       14. It must be stated that the petition was heard and the order          A
was reserved on 27.07.2021. Next day an application was preferred
submitting that the petitioner be allowed to withdraw the instant petition
with further liberty to approach the High Court invoking its jurisdiction
under Article 226 of the Constitution of India. Since the suggestion made
by this Court as stated earlier was not accepted after due instructions
                                                                                B
from the petitioner, we reject the prayer.
       15. As we see no merit in this petition, the same is accordingly
rejected.


                                                                                C
Devika Gujral                                         Writ Petition rejected.




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