BALDEV SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) WHETHER the misconduct committed by an ad hoc Government employee after March 31, 1977, would enter into consideration of the appointing authority whilst taking a decision in terms of the Presidential Order dated the 3rd of May, 1977, for regularisation of such an employee is the question of law of some importance that falls for consideration in this case.

(2.) THOUGH the question posed is of general application, yet inevitably the relevant facts of the present case before us have to be kept in sharp focus and therefore, before embarking upon the consideration of the legal question, these require to be noticed in some detail at the very threshold.

(3.) NOW the firm and virtually the unrebutted stand of the Respondent -State in this context is that the Petitioner had brought two hoodlums with him to the College premises and launched a murderous assault against Shri Jarnail Singh, Head Clerk of the institution. The latter escaped injury by hastily retreating from the spot and later lodged a report at the Police Station, Beas. Apparently during the investigation of the criminal case departmental proceedings were also initiated against the Petitioner and the Assistant Director Cadet Corps was appointed an Enquiry Officer. He conducted a detailed enquiry after affording the fullest opportunity to the Petitioner and then rendered his report, annexure R. 3 to the return. Therein he concluded on facts as follows: