UPKAR SINGH Vs. MUNICIPAL COMMITTEE, SUNAM, DISTRICT SANGRUR

JUDGEMENT

(1.) This order shall dispose of two Civil Writ Petitions being CWP No. 2693 of 1987 and CWP No. 8626 of 1987, as both the writ petitions, arise out of a common order dated June 30, 1986 passed by the Sub Divisional Officer (Civil), Barnala.

(2.) The petitioners, namely, Upkar Singh, Sher Singh and Rachhpal Singh in CWP No. 2693 of 1987 were working as Octroi Clerks with Municipal Committee, Sunam. An FIR No. 318 dated November 6, 1983 was registered against the aforesaid persons with regard to an incident dated November 2, 1983 whereby the aforesaid persons were alleged to have committee offences under Sections 332, 506, 353 read with Section 34 IPC. It was alleged that the aforesaid persons had given beatings to one Amar Singh, Octroi Inspector with Municipal Committee, Sunam. The petitioners were ordered to be suspended. The suspension order was passed by the Executive Officer, Sunam. An enquiry was ordered to be conducted against the aforesaid mis-conduct. The aforesaid enquiry was also conducted by the Executive Officer of the Municipal Committee. Subsequently, the petitioners were summoned before the Committee on April 25, 1984 and confronted with the report of the enquiry officer. On the same day, a Resolution was passed on April 25, 1984 whereby services of the aforesaid persons were terminated.

(3.) The said termination of their services was challenged by the petitioners by filing a statutory appeal before the Sub Divisional Officer (Civil). Vide order dated May 4, 1984 the resolution was suspended by the Sub Divisional Officer (Civil). The aforesaid interim order was challenged by the municipal committee by taking up the matter before the Director, Local Bodies, Punjab. Vide an order dated August 6, 1984, the Director, Local Bodies, Punjab set aside the aforesaid interim order dated May 4, 1984 passed by the Sub Divisional Officer.