To

The Learned Disrtrict & Sessions Judge,

Pathankot

(Through Proper Channel)

Subject:- Enquiry against Ms. Shubh Lata, the then, Civil Ahlmad attached with
the court of Sh. Randhir Verma, the then Civil Judge (Sr. Division),
Pathankot regarding absence from duty on 20.7.2013.

Respected Sir,

I have the honour to refer to your goodself’s office letter no. 5873
dated 19.12.2023 vide which a show cause notice of major penalty bearing
endorsement no. 5872 dated 19.12.2023 (which was received on 4.1.2024) has
been issued to me, on the subject cited above, the reply thereof is being submitted
for your goodself’s kind perusal and sympathetic consideration on as under:-

1. That the epitome of the case are that it is alleged that I was absent from duty
on 20.7.2013 and my then learned Presiding Officer had not granted any
leave for 20.7.2023 to me. At the relevant me, I was posted in the Court of
Sh. Randhir Verma, the then learned Civil Judge (Sr.Division) Pathankot as
Civil Ahlmad. Needless to say that court time is 10.00 AM to 5.00 PM. On
that very day, due to some unavoidable circumstances, I reached in the court
of Ld. Duty Magistrate only 2 minutes late i.e. 10.02 AM but to the utter
surprise of me, the Magistrate marked me absent from the duty, even though
I remained in the office till 5.00 PM and I worked regularly because at that
me, Sh. Manjinder Singh Bal Criminal Ahlmad was not present in the court.
It is pertinent to men on here that on that date it rained heavily. More so
ever, my absent was marked by the Duty Magistrate on 20.7.2012 and this
 fact was in the knowledge of Ld. Presiding Officer Sh. Randhir Verma, Civil
Judge (Sr. Division) Pathankot in as much as he counter signed the
attendance register with effect from 22.7.2013 to 30.7.2013 marking the
presence of the officials including answering official but as per EX. DE/3,
the Presiding Officer has reported the matter to Ld. District & Sessions
Judge, Gurdaspur in this regard without calling my explanation on
30.7.2013. It is pertinent to mention here that my absent from duty was
marked by the Duty Magistrate but my absent report was not sent by the
Duty Magistrate. If I was supposed to be absent from duty, then my absent
report was to be sent by Duty Magistrate on the same day.

2. That Sh. Yukti Goyal, the then Ld. ACJ (SD), Inquiry Officer conducted a
fact finding inquiry and he had marked my absence from duty. On receipt
of the report, a show cause notice along with a copy of inquiry report was
served upon me on 11.9.2013 which was duly replied in details and the same
was found to be not satisfactory.

3. That thereafter chargesheet was issued to me which was also replied in

detail. The chargesheet is vague and non-est in the eyes of law because no
distinct and definite charge has been levelled and chargesheet was not in
consonance with Rule 8 of the Punishment and Appeal Rules, 1970. A bare
perusal of the statement of imputation of statement would show that it is just
repetition of article of charge and does not contact statement in support of
the charges. It is pertinent to men on here that before issuing the chargesheet,
no opportunity of being heard has been afforded to me which is an integral
part of the opportunity of defence and it is breach of principle of natural
justice to deny my right.
4. That to the utter surprise of me, thereafter a de novo inquiry was started
against me on the same charges which is impregnable in the eyes of law.
Therefore, I made an application which was forwarded to the Ld. District &
Sessions Judge Pathankot vide endorsement no. 73 dated 14.1.2016 praying
therein that I remained under constant agony and tension for a period of 2
years in the matter during the period of inquiry and my official work as well
as my family and personal matters heavily disturbed and requested with
folded hands that a lenient view be taken and I may be exonerated from the
charges considering material which stands proved my presence on duty on
20.7.2013 are reproduced by me in my defence as well as in the reply dated
3.12.2015 to show cause notice dated 19.11.2015 and to consider the
evidence already on record. Had this de novo regular inquiry been avoided
keeping in view of my request, the office and court work would have not
been wasted for a small alleged mistake i.e. absent from duty which leads
to a departmental inquiry for another 4 years. The alleged absence from duty
on 20.7.2013 in the charge was required to be treated as leave of kind due
as requested by me in as much as I had 14 ½ days casual leave at my credit
at that me, in case charge was not proved.

5. Thereafter, a regular inquiry was conducted from Sh. Hem Amrit Mahi, the
then Additional Civil Judge (Sr. Division) Pathankot who submitted his
report on 3.8.2019 and subsequently a show cause notice was issued to me
on date 16.10.2023 a er a period of 4 years with the directions to me to
submit the reply/representation against the finding returned by the inquiry
officer. The said second inquiry is sketchy, cryptic and not sustainable in the
eyes of law in as much as the statement suffered by EWS and DWS and
cross examinations thereon has not been considered in right prospective
manner and the said inquiry is perverse and non-est in the eyes of law, liable
to be ignored and set aside. The detailed reply of said show cause notice was
furnished by me in details on 4.12.2023 which may kindly be read in reply
to this show cause notice because in as much as the same has not been
considered and no opportunity of being heard has been afforded to me which
offends the provisions of Constitution of India. A copy of asme has been
annexed herewith for your kind perusal. Your goodself has pre-judged the
guilt and has issued the instant show cause notice for imposing major
penalty as envisaged in the relevant rules without affording me an
opportunity of being heard or for making a representation in the matter
against the report as required by the Apex court Judgement in Mohd. Ramjan
Khan and Karunakar’s Case.
In view of the position initiated in the foregoing paras,
it is respectfully prayed to your Honour to kindly withdraw your goodself’s
office letter no. 5872 dated 19.12.2023 vide which show cause notice for
Major Penalty has been issued to me in the interest of Justice.
I pray to your honour that I may kindly be afforded an
opportunity of being heard in the matter in order to address my grievances .
Thanking you in anticipation
Yours faithfully

Dated:- (Shubh Lata)

Enclosure as above Ahlmad in the court of
Sh. Gurdev Singh
Ld. Civil Judge (Jr. Division) Pathankot