MUNICIPAL COMMITTEE, JAITU Vs. GULAB SINGH

JUDGEMENT

(1.) One Gulab Singh was employee of Municipal Committee, Jaitu, District Faridkot. He was tried and convicted under Sections 409/419/420/468 of the Indian Penal Code for misappropriation. Judicial Magistrate, Faridkot acquitted him of the charge under Section 409 of the Indian Penal Code vide judgment dated 28.2.1981, but convicted him under Section 468 of the Indian Penal Code and sentenced him to one year rigorous imprisonment and a fine of Rs. 1,000/-. Appeal filed by him was dismissed by Additional Sessions Judge, Faridkot and the conviction and sentence was confirmed. Gulab Singh did not relent and filed a revision in the Punjab & Haryana High Court challenging his conviction and sentence. Revision was allowed on 08.3.1984 and the consequence was his acquittal of all the charges levelled against him. After his acquittal by the High Court, Gulab Singh submitted his joining report to Municipal Committee, Jaitu on 29.3.1984. He requested to allow him to join duty as he had been acquitted of all the charges levelled against him. He made repeated representations requesting to allow him to join duty, but to no effect. Vide order dated 2.3.1981, he was dismissed from service with effect from 28.2.1981.

(2.) Gulab Singh challenged his dismissal from service through Civil Writ Petition No. 110 of 1985 (Gulab Singh v. The Director Local Bodies and another). He prayed for issuance of writ of mandamus directing the Municipal Committee, Jaitu to allow him to join duty. Municipal Committee filed reply to the writ petition stating therein that Municipal Committee had filed a petition for special leave to appeal with Criminal Misc. No. 5090 of 1984 in the Supreme Court of India. The Supreme Court has issued notice to the petitioner. As such, he was not entitled to reinstatement.

(3.) During the pendency of writ petition, Gulab Singh died on 19.10.1990. His legal heirs were allowed to be brought on record vide order dated 6.2.1991. Legal heirs of Gulab Singh were accordingly brought on record. Since Gulab Singh had died on 19.10.1990, as such, prayer for his reinstatement in service became redundant. Order of dismissal was impugned on the ground that the same was without issuance of show cause notice. Dismissal was ordered simply on account of his conviction in a criminal case. It was submitted that as Gulab Singh had been acquitted, the order of dismissal could not survive. Hon'ble Amarjeet Chaudhary, J, as his Lordship then was, vide order dated 28.1.1997, took the view that the order of dismissal can not survive in view of Gulab Singh having died on 19.10.1990. As the petitioner was acquitted or the charges by the High Court, the said appeal abated on account of death of Gulab Singh. Hon'ble Amarjeet Chaudhary, J. further held once Gulab Singh had been acquitted of the charges, the very foundation of the order of dismissal disappeared. It was also observed that no show cause notice had been issued to Gulab Singh before passing the order of dismissal. Order of dismissal dated 2.3.1981 was, therefore, quashed with a direction that the legal heirs of the deceased will be entitled to monetary benefit from the date he was acquitted till his death in accordance with law. It was directed that monetary benefits shall be released to the legal heirs of the deceased within 4 months from the date of receipt of copy of the order dated 28.1.1997.