BACHHITTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an appeal by special leave against the judgment of the Punjab High Court dismissing the appellants petition under Art. 226 of the Constitution.

(2.) The appellant was appointed a qanungo in the former State of Pepsu in the year 1950. On December 1,1953 he was appointed Assistant Consolidation Officer. Certain complaints having been received regarding tampering with official records he was suspended and an enquiry was held against him by the Revenue Secretary of Pepsu Government. As a result of that enquiry the Revenue Secretary dismissed him by order dated August 30,1956 on the ground that the appellant was not above board and was not fit to be retained in service. This order was duly communicated to the appellant. Thereupon the appellant preferred an appeal before the State Government.

(3.) It would appear that he had submitted an advance copy of his appeal to the Revenue Minister of Pepsu who called for the records of the case immediately. After perusing them he wrote on the file that the charges against the appellant were serious and that they were prayed. He also observed that it was necessary to stop the evil with a strong hand. He however, expressed the opinion that as the appellant was a refugee and had a large family to support his dismissal would be too hard and that instead of dismissing him outright he should be reverted to his original post of qanungo and warned that if he does not behave properly in future he will be dealt with severely. On the next day the State of Pepsu merged in the State of Punjab.