DILBAGH SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This is a petition for issuance of a writ in the nature of mandamus to respondent Nos. 2 and 3 to allow the petitioner to join duty as Chowkidar-cum-Darban at Amritsar International Hotel, Amritsar (respondent No. 3) with full back wages and other service benefits.

(2.) The facts on which there is no dispute between the parties may be noticed first. The petitioner joined service of Punjab Tourism Development Corporation (respondent No. 2) as Chowkidar-cum-Darban on 29.5.1981. On 26.10.1992, lie was arrested by the police in connection with the alleged murder of his brother and sister-in-law. He was admitted to bail by the Sessions Judge, Amritsar vide order dated 19.11.1993, but was released from custody on 30.11.1993. He was ultimately acquitted by the trial Court on 7.5.1994.

(3.) The petitioner's case is that after having released on bail, he had submitted joining report on 1.12.1993, but he was not taken on duty. He submitted fresh joining report on 8.4.1994 i.e. one day after his acquittal, but then too he was not allowed to join duty. After about 3-1/2 months, he was served with notice dated 25.8.1994 (Annexure P-8) proposing action under Clause 18(h) and (t) of the Service Bye Laws on the ground of the alleged absence from duty. He submitted reply dated 12.9.1994. Thereafter, no action was taken in the matter.