KHUSHAL CHAND Vs. PUNJAB STATE ETC.

JUDGEMENT

(1.) THIS Letters Patent appeal arises out of Civil Writ No. 805 of 1970 filed by Khushal Chand Appellant, challenging the notification, dated 10th March, 1970, by which the Punjab Government removed him from his office as the Chairman of the Market Committee, Jalalabad, district Ferozepur. This writ petition was heard along with another writ petition (C.W. 668 of 1970) filed by the Market Committee, Jalalabad, challenging the notice, dated 20th January, 1970, requiring the Market Committee to reinstate one Shri Piara Lal, Mandi Supervisor, on pain of action for supersession of the Market Committee under Section 35 of the Punjab Agricultural Produce Markets Act, 1961 (hereinafter referred to as the Act), and both these writ petitions were dismissed. The Market Committee did not challenge the decision in the writ petition filed by it, whereas Khushal Chand has filed this appeal under Clause 10 of the Letters Patent.

(2.) IT would be necessary to give the facts of this case in rather detail. The Market Committee, Jalalabad (hereinafter referred to as the Committee) was superseded and an Administrator was appointed to manage its affairs till the election of the Committee. On 17th October, 1968, Ram Niwas, Secretary of the Committee, brought to the notice of the Administrator (District Agricultural Officer, Ferozepur) by a telegram (Annexure 'A') the fact that Piara Lal, Mandi Supervisor, had assumed wrongful custody of records and that this Piara Lal was suspected of misappropriation of funds. Piara Lal was directed by the Administrator, -vide Annexure 'B', on that very date, to hand over all the records, stores, etc., to the Secretary. Thereafter, the Senior Auditor made a report, dated 14th November, 1968, to the effect that there were clear cases of misappropriation. The last line of this report was: "The audit has been suspended for two days as the record was not easily made available."

(3.) IT appears that the Secretary of the Board wrote to the Secretary of the Committee on 5th September, 1969 (Annexure K/l) enquiring if Piara Lal had been reinstated. This was followed by another letter, dated 16th September. 1969, enquiring from the Secretary of the Committee as to why Piara Lal was not reinstated (see Annexure L/l). Annexure R.2/1 is a letter, dated 23rd September, 1969, apparently in reply to the letters, dated 5th and 16th of September, 1969, by the Chairman of the Committee to the Chairman of the Board explaining that the question of reinstatement was put before the Committee on 7th June. 1969, and the Committee decided not to reinstate and that this decision was reiterated unanimously on 16th September. 1969. He ends this letter as follows: