CHARAN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THE instant appeal filed under Clause X of the Letters Patent is directed against the judgment dated 28.9.2010 passed by the learned Single Judge holding that the Respondent -department is entitled to hold a regular departmental enquiry against the Appellant and has rejected his prayers for not to hold any such enquiry. The only argument raised by the learned Counsel for the Appellant in this appeal is that on the basis of preliminary enquiry held by the Sub Divisional Magistrate, Nawanshahahr his officiating charge as Principal, Government Girls Senior Secondary School, Balachaur has been withdrawn and as a consequence his powers of Drawing and Disbursing Officer have also come to an end. The learned Single Judge has noticed the aforesaid fact. Once it has been found that the Appellant was misusing his position as officiating Principal then withdrawal of officiating charge cannot be regarded as punishment on the basis of preliminary enquiry. The Appellant is not entitled as a matter of right to hold the post of Principal on permanent long time basis. The powers of Drawing and Disbursing Officer were apparently attached to the post of Principal when he was officiating as such. Therefore, it cannot be concluded that any punishment has been inflicted upon the Appellant by withdrawing the officiating charge of the post of Principal as well as the powers of Drawing and Disbursing Officer. Accordingly, we find that the decision to hold a regular departmental enquiry by the Respondents does not suffer from any illegality warranting interference of this Court. There is, thus, no merit in the appeal which is dismissed.