GOPAL KRISHAN SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a writ petition filed by Sh. Gopal Krishan Saini (now deceased) under Articles 226/ of the Constitution of India for issuing writ of certiorari for quashing order of suspension dated 5.2.1983, Annexure P -1 and also for a writ of mandamus directing the State of Punjab, respondent No. 1, to pay his salary since 1.2,1983 as Member of Punjab Public Service Commission,

(2.) Briefly stated that facts are that Sh. Gopal Krishan Saini was appointed as Member of Punjab Public Service Commission with effect from 30.5.1981 for a period of six years. He was placed under suspension by the then Governor of Punjab on 5.2.1983 vide Annexure P -1 in view of Article 317(2) of the Constitution of India for holding an enquiry into an allegation of misbehaviour against him as a Member of Punjab Public Service Commission. He was about 53 years of age at that time.

(3.) Thereafter, on a move by Punjab Government, the President made a reference to the Supreme Court of India in accordance with Article 317(1) of the Constitution of India. The salary of the petitioner was withheld from the date of suspension. He moved the Government in March 1983 for release of his emoluments by payment of subsistence allowance but the Government did not reply, although he was entitled to full pay as long as he continued to be a member of the Commission. He also averred that the order of suspension was void as it had not been passed by a competent authority which according to him was the Council of Ministers and since the matter was not placed before Council of Ministers, it was void ab initio. With these allegations, the above mentioned writ petition was tiled.