ASHOK KUMAR PANDHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was elected as President of Municipal Committee, Fatehgarh Churian, Tehsil Batala, District Gurdaspur on August 10, 1979. An allegation was levelled against the petitioner that he had tampered with minutes book of the committee. On that basis an enquiry was held which went against the petitioner. Vide order dated September 25, 1980, the Government held that by tampering with the official record, the petitioner had flagrantly abused his position as President of the Municipal Committee and ordered his removal from the said post.

(2.) The petitioner has come up in challenge against that order in the instant petition.

(3.) It would be useful to give a brief background of the matter regarding which an enquiry was held against the petitioner. On October 11, 1979, the Municipal Committee appointed a Sub-Committee to make a report about the appointment of two clerks. The Sub-Committee met on November 20, 1979 and made its recommendations which were considered by the Municipal Committee on November 26, 1979. On that date, resolution No. 99 was passed by which two persons were appointed to the posts of clerks and two names were kept on the waiting list. Vide annexure P-1 dated November 30, 1979 the Municipal Committee again constituted a Sub-Committee to fill up two other posts. It was decided that the Sub-Committee should invite applications from the employment exchange and by inserting citations in the newspapers should interview the candidates and then to make a recommendation. Vide his order dated January 24, 1980, the Deputy Director, Local Bodies placed restrictions on the operation of resolution No. 108 passed by the Municipal Committee on November 30, 1979. In other words, the Sub-Committee appointed by the Municipal Committee was debarred from making appointments to the posts of two clerks by inviting applications through the employment exchange etc.