STATE OF PUNJAB Vs. MOHINDER SINGH CHEEMA

JUDGEMENT

(1.) These two Letters Patent Appeals Nos. 1808 and 1809 of 1989 arise out of a common judgment of learned Single Judge in C.W.P. No. 4455 of 1981 and C.W.P. No. 4454 of 1981, decided on 26th July, 1989, by which both the writ petitions were allowed and the orders of dismissal were set aside.

(2.) Petitioner Mohinder Singh Cheema in C.W.P. No. 4454 of 1981 was working in the Department of Food and Supplies Punjab Government as an Inspector, whereas the other writ-petitioner in C.W.P. No. 4454 of 1981, namely Prem Kumar was working as a Sub Inspector in the Food and Supplies Department of the State of Punjab. On the basis of preliminary enquiry separately conducted against them by Sarvshri A.S. Brar (Deputy Director, Fields) and S.S. Suri (Joint Director), the petitioners were chargesheeted for misappropriation etc. of foodgrains. Shri S.S. Suri had submitted his report in this regard on 5.6.1079, 6.6.1979 and 16.6.1979, while Shri A.S. Brar had submitted his report on 16th June, 1979. After following the procedure under the Punjab Punishment and Appeal Rules, the petitioners were dismissed from service by the appropriate Authority, which orders the writ petitioners had challenged by way of the abovesaid two writ petitions.

(3.) The preliminary reports, which were the basis for charge-sheeting the delinquent officers (writ petitioners) were duly mentioned in the list of documents which were relied upon by the prosecution for proving the charges against the writ petitioners. These preliminary enquiry reports have also been adverted to in the charge-sheets itself.