SHIROMANI GURUDWARA PARBANDHAK COMMITTEE Vs. GURDEV SINGH

JUDGEMENT

(1.) THE Shiromani Gurudwara Parbandhak Committee (for brevity 'the SGPC') has filed in the instant appeal under Clause X of the Letters Patent challenging order dated 1.9.2010 passed by the learned Single Judge of this Court quashing the order of termination dated 30.7.1997 passed against the writ petitioner-respondent. It has come on record that the writ petitioner- respondent was appointed as Sewadar on adhoc/temporary basis by the President of the SGPC on 7.11.1992 in the grade of Rs. 775-1955 with initial start of Rs.775/-. At the time of termination of his service, he had rendered five years of service. THE order of termination passed by the appellant dated 30.7.1997 reads as under:

(2.) IT is evident from the order of termination that serious allegation of mis-appropriation and fraud have been levelled and admittedly no enquiry was held. The learned Single Judge has held that even if the petitioner was taken to be a temporary employee, the order of termination highlight specific allegation against the writ petitioner- respondent and it casts aspersions on the integrity of the employee. Therefore, such an order could not have been passed without following the procedure for dismissal of an employee as envisaged by Rule 4 of the Shiromani Gurudwara Parbandhak Committee Service Rules which provides a detailed procedure for dismissal of an employee. Accordingly we hold that the order passed by the learned Single Judge does not suffer from legal infirmity warranting interference of this Court.

(3.) IN view of the above, the instant appeal is disposed of with a direction that the writ petitioner- respondent would not be entitled to claim back wages for the delay caused by him in filing the writ petition which is from 30.7.1997 to 26.7.2000.