MUNICIPAL COMMITTEE LUDHIANA Vs. VED PARKASH JOSHI

JUDGEMENT

(1.) THIS is Letters Patent appeal by Municipal Committee, Ludhiana against Ved parkash Joshi. It is directed against the judgment of single Judge dated October 9, 1969, quashing the order of dismissal of the respondent dated July 6, 1966 and holding that he be deemed to be in service until he is removed in accordance with law. The facts leading to the appeal are as under:-

(2.) THE respondent was employed as Building Superintendent with the appellant. There were against him allegations of misappropriation of money, dereliction of duty, absence from duty, overcharging and overspending of municipal funds. The respondent was served with a charge-sheet on January 4, 1965. he was asked to submit his explanation to the charge-sheet supplied to him. On January 5, 1965, the respondent asked for supply of copies of certain documents existing in the relevant files but instead of copies being supplied to him, he was told that he could inspect the documents, the copies of which were required by him. He submitted his explanation in reply to the charges. He denied the charges. he also pleaded that they were vague. One of the charges pertained to loss of Rs. 720/- per mensem suffered by the appellant on account of the negligence on the part of the respondent in course of construction of roofs of some shops. He was served with a supplementary charge-sheet on January 11, 1965. That charge-sheet pertained to over-payment of Rs. 3,664. 69. In reply, he described the charge baseless.

(3.) IN the meeting of the appellant held on December 6, 1965, a Sub-Committee of seven members was constituted to hold enquiry into the charges drawn up against the respondent. The Sub Committee held enquiry in course of several sittings and recorded evidence of witnesses and took on file documentary evidence adduced by the parties. The Sub-Committee drew up report dated May 10, 1966. In its report, the Sub-Committee found that the following charges had been established against the respondent:-