RAJINDER PAL ABROL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner as stated by him in the writ petition, was associated with public life of Punjab for more than 20 years in various capacities and hails from Gurdspure district in the State of Punjab. He has been a member of the Panchayat and also of Block Samiti for a number of years. He was president of the Mandal Congress Committee for about three years. He was a nominated member of the Board of Directors of Batala Cooperative Sugar Mills at Batala, and his claim is that on the expiry of his first claim is that on the expiry of his first term as a Director, he was renominated during President's rule in Punjab in November, 1968. Apart from public life, he was doing business as well. In the year 1955, he was enlisted as a contractor with the Irrigation and Public Works Departments of Punjab. The fact that the petitioner was working as a contract is not denied by the Secretary to Government. Punjab, Irrigation and Power Department, who, on behalf of the State, filed an affidavit in reply, and what is stated by him is that no comments were needed at all as such allegations were irrelevant to the issues raised by the petitioner. IT has, therefore, in the absence of denial, to be taken as accepted by the respondents that the petitioner was an A-Class contractor with the Punjab Government.

(2.) THE Governor of Punjab, by a notification dated 20th August, 1968 (true copy Annexure A-1), appointed the petitioner as a part-time non-official member of the Punjab State Electricity Board (hereinafter called the Board) constituted under Section 5 of the Electricity Supply Act, 1948 (hereinafter referred to as the Act ). It was stated in the said notification that the petitioner was to hold his officer for the full term of five years or till he attained the age of 60 years whichever was earlier. At the time of issue of this notification, late Shri Lachhman Singh gill was the Chief Minister in the State of Punjab having succeeded Shri Gurnam Singh, Shri Lachhman Singh resigned on 23rd August, 1968, and his resignation was followed by the President's rule in the State. There then came mid-term elections to the State Legislative Assembly results whereof were declared on 9/10th February, 1969. Shri Gurnam Singh again headed the Punjab Cabinet on 16th February, 1969. Shri Natha Singh to whom reference is made in the statement of allegations was a Minister to the Cabinet when the petitioner was appointed as a non-official member of the Board. The said Shri Natha Singh was originally elected as an Akali candidate when Shri Gurnam Singh was the Chief Minister. Later, he left the Akali party and formed Government with the late Shri Lachhman Singh Gill as the Chief Minister. Complaints were made against the petitioner during President's rule some of them being that he exploited his relations was Shri Natha Singh, Irrigation and Power Minister. Special Enquiry Agency investigated those complaints. The acts of the petitioner constituting his alleged misconduct related to a time before he was appointed as a non-official member of the Board.

(3.) A show-cause notice dated 31st January, 1969, a copy whereof is Annexure A-2, issued by respondent 1, was received by the petitioner, calling upon him to furnish his explanation, if any, with regard to the allegations within a period of 10 days from receive of the notice, failing which it would be presumed that the allegations as made against him were correct. He was given an option to consult any record relating to any of the allegations by contacting the Director, Special Enquiry Agency, Punjab, Chandigarh during office hours. The allegations as made against the petitioner are reproduced hereunder:" 1. (i) Towards the end of March, 1968, or in the beginning of April, 1968, you went to the residence of Shri Harchand Singh (the then Sectional Officer, Amritsar Drainage Division) at Ajnala and asked him to give you an amount of Rs. 2000/- as you required the same urgently. He promised to arrange this amount. As Shri Harchand Singh could not arrange the aforesaid amount, you were annoyed with him and as a result thereof you got him transferred from the Minister to Beas Dam Project in April, 1968. When Shri Harchand Singh was transferred to Beas Dam Project in April, 1968, you called him at your residence at Amritsar and tauntingly remarked that he would never be able to come back to serve in plains. This taunting remark was obviously the result of his failure to grease your palm inasmuch as he did not give you the amount of Rs. 2000/- which you had earlier demanded. As a result of discussion of the Chief Engineer with the Minister in charge the orders of transfer of Shri Harchand Singh were stayed on 7th June, 1968. When you came to know of these orders, you again approached the Minister and got an order from him, directly addressed to the Superintending Engineer, Amritsar Drainage Circle, Amritsar, asking him to relieve Shri Harchand Singh at once, as a result of which he was actually relieved from his duties on 30th June, 1968. (ii) Shri Krishan Lal Oberoi, S. D. O. was transferred from Anti-water Logging Sub Division Tarn Taran to Project Circle, I. B. , on 3rd of April, 1968. As this transfer was inconvenient for him, he along with Shri Sain Abhi met you at your residence after a few days of the aforesaid transfer and requested you to get this transfer cancelled. You demanded Rs. 5000/- from Shri Krishan Lal Oberoi for getting this work done. 2. Shri Natha Singh, the then Minister, Irrigation and Power, without any move from the Department concerned, issued, of his own accord orders of promotion of your brother-in-law (wife's brother) Shri Ram Lubhaya Bhalla, from the post of Sectional Officer. Shri Ram Lubhaya Bhalla's case for promotion had earlier been rejected by the Chief Engineer inter alia on the following grounds: (a) He had not passed the departmental examination as yet. (b) 35 Sectional Officers who had passed the departmental examination and were fit for promotion in other respects as well were still senior to him. (c) The period of his service as sectional Officer with less than 10 years-10 years' service as Sectional Officer being one of the minimum requirements for promotions as S. D. O. (d) His qualification report for his work in Lahaul and Spiti was not good. The unreserved orders of promotion of Shri Ram Lubhaya Bhalla passed out of the way could not be brought about but for your intervention and exertion of personal influence upon the then Minister for Irrigation and Power with whom you were quite intimate. 3. On 27th May, 1968, you called Shri S. Sohan Lal, Christian, of village and Post Office Fatehgarh Churian, District Gurdaspur, at your residence in Amritsar and asked him to start work of a contractor in the Irrigation Department assuring that you would make him millionaire as you were a great friend of Shri Natha Singh, the then Minister for Irrigation and Power. You also demanded from him Rs. 5,000/- for this good turn. On 3rd June, 1968, you took him to the house of Shri Gurpal Singh, the then Executive Engineer, Jullundur Drainage Division Jullundur, where Shri Gurpal Singh asked S. Sohan Lal to start work as a Contractor in his division and he would look after his interests. After this meeting, when you both came out of Shri Gurpal Singh's house, you demanded Rs. 5000/- from Shri S. Sohan Lal who had never worked as a Contractor in the Jullundur Division and had never applied for allotment of any work, was given contracts for the supply of stone at R. D. NO. 125500-FR-Bund/d/s Dhilwan and R. D. No. 126000-FR-Bund/d/s/ Dhilwan, in the Drainage Division, Jullundur, in the year 1968.