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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

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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