High Court of Punjab and HaryanaCWP/23280/2021dismissed

Ved Pal Gupta v. High Court Of Punjab And Haryana And Another

2024-12-16The Chief Justice,Mr. Justice Anil Kshetarpal14 pages

(A) That you joined on 30.9.1987 in H.C.S.(J.B) Service and at the time, you were having only one immovable property i.e 1/2 share in one double storied house (self) situated at Anaj Mandi Gohana. After joining service, you have acquired the following immovable properties:/ i) Residential Plot No. 798, Sector 31/32A, Gurgaon through HUDA by draw of lots under Government Employees; quota on 18.5.1990;

ii) Residential plot No.532/P, Sector 19, Faridabad in the name of your wife Mrs. Punam Gupta was got allotted out of discretionary quota from HUDA on 10.2.1992, which was cancelled in the year 1997 by the High Court on judicial side and again restored on 28.3.2002 by Hon'ble Apex Court;

iii) Membership of New Haryana Officers Cooperative Group Housing Society, Sector 27, Panchkula (Land allotted to the society on 11.2.1999);

iv) Residential Plot No.C1/2849, Sushant Lok, Gurgaon measuring 353 Sq.yards 295 Sq.meters approximately allegedly inherited on the basis of Will dated 21.10.1998 from mother of your wife and transferred in the name of your wife, namely, Punam Gupta on 24.8.2001;

v) An industrial Shed bearing No.219, Sector 7, IMT Manesar of size 450 Sq.meters, in the name of your wife namely Mrs. Punam Gupta;

vi) Residential Plot No.6, measuring 525 Sq.yards (approximately) in Amravati Enclave, Near Panchkula by way of Will dated 12.2.2008 allegedly executed by your father Sh.Ram Sarup Gupta and got transferred in your own name;

vil) Plot No.157, Sector 2, Mansa Devi Complex, Panchkula, measuring 305 Sq.meters, purchased in the name of your wife, namely Mrs.Punam Gupta; viii) Plot No.GH/2, Sector 52, Group Housing Project of Officers Welfare Organisation, Gurgaon, purchased in the name of your wife, namely, Mrs. Punam Gupta.

You have sold the following properties:

i) Residential Plot No.798, Sector 31/32A, Gurgaon in the year 1993 allegedly through a Property Dealer;

ii) Residential Plot No.532/P, Sector 19, Faridabad, was sold in the year 2004, vide sale deed dated 23.6.2004 executed by your wife Mrs.Punam Gupta; iii) Residential Plot No.C1/2849, Sushant Lok, Gurgaon measuring 353 Sq.yards =295 Sq.meters, on 5.9.2008, vide sale agreement dated 3.9.2008. The acquisition of number of residential and commercial properties, one after the other, clearly suggests that these purchases were not for your bonafide personal requirement and in fact you have been indulging in the business of sale/purchase of immovable properties.

Rule 15 of the Haryana Government Employees (conduct) Rules, 1966 prohibits Govt. Employees from engaging directly or indirectly in any trade, or business except with the previous sanction of Government. You having engaged in property transactions have, thus, misconducted yourself and acted in a manner unbecoming of judicial officer and thereby misconducted yourself.

2. While posted as Additional District & Sessions Judge, Rewari, one Plot No.C1/2849, Sushant Lok, Gurgaon measuring 353 square yards, Sushant Lok Gurgaon is claimed to have been inherited by your wife Mrs. Punam Gupta from your mother/in/law Smt. Chameli Devi by way of Will dated 21.10.1998, whereas all the other daughters and sons of your mother/in/law were deprived of inheritance without any valid or just reason. It appears, prima facie, that this property (Plot No.C1/2849) was purchased by you benami in the name of your mother/in/law Smt. Chameli Devi from ill gotten money earned by you through illegal means. Thereafter, this property has been got transferred in the name of your wife Mrs. Punam Gupta on the basis of a will to the exclusion of other legal heirs. Though it is incumbent upon a judicial officer to work with utmost honesty, Integrity, you have indulged in acquiring assets through corrupt means systematically and acted in a manner unbecoming of judicial officer and misconducted yourself.

(3). Similarly, you are said to have inherited a Plot No.6 measuring 525 Sq.yards (approximately) in Amravati Enciave, near Panchkula by way of alleged

Will dated 12.2.2008 from your father Shri Ram Sarup Gupta and this will too is surrounded by suspicious circumstances as the other legal heirs were deprived of by your father, from their right to succession. The said plot was allegedly purchased by your father Sh. Ram Sarup Gupta but the total income of your father, as reflected in the income tax returns (known sources of income), shows that he was not in a financial position to purchase the plot worth ₹14,14,273// during the period from 1999 to 2006. Prima facie, an inference can, thus, be drawn that this plot was actually acquired by you through benami transaction in the name of your father out of the money earned by illegal means and the instrument of Will was a device to legitimize the acquisition of that valuable property. Though it is incumbent upon a judicial officer to work with utmost honestly, integrity, you have indulged in corruption and acted in a manner unbecoming of judicial officer and misconducted yourself, thereby lowered the image of Judiciary in the eyes of public.

(4). That a Plot No.157, Sector/2, Mansa Devi Complex, Panchkula measuring 305 Sq.meters was purchased by your wife Mrs. Punam Gupta on 7.10.2008 from Sh. Rajesh Goyal for a consideration of 9,00,000//, whereas the price/value of this plot at that time even as per Collector rate was 47,25,500//. The open market value of this plot at the relevant time is estimated over one crore. The plot could not thus be purchased by your wife at such a lower price even through a distress sale.

It simply suggests that either the difference of amount of sale consideration was paid under hand out of the disproportionate assets made by you beyond your known sources of income or the plot was purchased by you benami in the name of Rajesh Goyal who is your close relative by Investing ill gotten money and subsequent sale/deed was a veil of legitimacy given to the transaction. Though it is incumbent upon a judicial officer to observe utmost honesty, integrity, you have indulged in corruption and acted in a manner unbecoming of judicial officer and misconducted yourself, thereby lowered the image of judiciary in the eyes of public."

! "#

! %& % # '

( !

)

!$#

* $

# $

$ * $ +")

$* +

! " ! #

$ #

$* # $ $ ) - &$ .

" ) #/00 $ * 1 #

+ % #2 (3 & 4 5 6# $

6 #%)( % 3 #! "'

# ,

7 $ ! $ #

+(5 #&# # #

# $ & # 6 , 1

$" $

8 ! "

( $ +

0" 9 $ !"#"

$% $&'"

: # " 7

( ( $ +

08;" 9 6( ("

) *%"$ $% $ + ,$-$$

. # % "

Despite the well/settled position, it is painfully disturbing to note that the High Court has acted as an appellate authority in the disciplinary proceedings, reappreciating even the evidence before the enquiry officer. The finding on Charge I was accepted by the disciplinary authority and was also endorsed by the Central Administrative Tribunal. In disciplinary proceedings, the High Court is not and cannot act as a second court of first appeal. The High Court, in exercise of its powers under Articles 226/227 of the Constitution of India, shall not

/ venture into reappreciation of the evidence. The High Court can only see whether:

(a) the enquiry is held by a competent authority; (b) the enquiry is held according to the procedure prescribed in that behalf;

(d) the authorities have disabled themselves from reaching a fair conclusion by some considerations extraneous to the evidence and merits of the case; (e) the authorities have allowed themselves to be influenced by irrelevant or extraneous considerations; (f) the conclusion, on the very face of it, is so wholly arbitrary and capricious that no reasonable person could ever have arrived at such conclusion;

(g) the disciplinary authority had erroneously failed to admit the admissible and material evidence;

(h) the disciplinary authority had erroneously admitted inadmissible evidence which influenced the finding; (i) the finding of fact is based on no evidence. Under Articles 226/227 of the Constitution of India, the High Court shall not:

(i) reappreciate the evidence;

(ii) interfere with the conclusions in the enquiry, in case the same has been conducted in accordance with law; (iii) go into the adequacy of the evidence;

(iv) go into the reliability of the evidence; (v) interfere, if there be some legal evidence on which findings can be based.

(vi) correct the error of fact however grave it may appear to be;

(vii) go into the proportionality of punishment unless it shocks its conscience."

$ 7

.$ 0$-

) 0"-$ $% 1$"2 + 3"

$% 3$&4$"'$

. !2'

,$& $$

22&&$

"' $%

+ 5$'

6$ ."+$$+$

( $ (

( +

0" 9 # " +

+ $

1 # # $

#$#

$ # ( $

= 4 ( " 9 3$"%

$ '$ + ("% *%"$ *$# 7% $%

. / 8"

$ $

# 6&%2 ."

+ ""

) &"# $%

999 . 8"

9 3"$&$ $&$ + .$

) ,5$$

. " 7 ! #

( $ # 7

( $

7 #$#

, ( +

0 ,

(

- "

$ $

$ ! # ,

# $ .$ + )

> *# 8 ?=//@% 4,# & 7 # $> '

*# #

# 7 % "

$ 7 <

$ $ % " $ $

% 4, $ '

$ $

$ 7 (

# $

# '

$$ #

% " $

$% "

$ 7 $ '

; %

> *

-- + .

$# 6 , # '

$# > *# %) % & # '

$ ) /#-#/;8

///??0

# +B # ),+ 7#

????? ??@?/ ) =#=#;

8 $

9 #

$ $

$ 9

C '

7 #

7 ) ;

# $# $ $

6 ,

+B #

),!7 <

( 4%) % $ ( # ! <

# $ %&'( $ )&%&) *

+ # $ ,(&- $ '&))%

. $ -&'( $ -)()-

$ ')&-- /0

$ &'),

12 3

32 + -4&(4(((

@ %

5,D %) % & #

7 /

'',,) (&,, )%%

'',,% ')-, -&,'--

',,, '()'( (--,

''((( -- )(%

''(( ()) -((,

''(( ') -%-

''(('

'--% -'%--

''((- &'- -%)'

''((& )&)&%'

)&%

/ 4 ,

> $*# '

, ??

5 $ # " ) /

, #

) ;#-0#0@ 8 # "

) =;

, # ,$ )

$ .76D

7 $ ,$

) 5$# $ %)( & # '

??0

$% 6 & ??@ # '

(

< '

$ # + " ) // /=#//=/-#9

$ , % # !'

" $ , &$

$ ?=??/9+")?? # + $

#?-0#

9 # + " )

5$#

! " $ #

+ .

" ) # /0-# &$

7 ,

7 7 , 7

$ : ( .$+ "$ .

$$ + 5$:

$% ;$'$$ ;"

99 .< 9

9 7" $

!$# # # (

= " 7 + % 2 (3 & 4 56$

9 8 #

7 $ $ $ ! # ,

- <

>$*#

0 3 $

! #

3*7 6.;=<>7 .;==7 3,(

1(!,=

;*=

1(.<*= , <

, 8 D

< E