JASWINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenge in the present petition is to the order dated 30.12.2010 (Annexure P-9) vide which the services of the petitioner, who was working as Lecturer in Biology in the Education Department, were terminated.

(2.) Learned counsel for the petitioner submitted that the petitioner was appointed as Lecturer in Biology on 16.8.1994 and he joined on 16.9.1994. He applied for leave to go abroad from 7.3.2008 to 6.6.2008. The same was duly sanctioned. The petitioner went to Canada to meet his wife. As she developed some medical problem while giving birth to a child, he could not apply for extension of leave. He came back and joined back on 4.5.2009. Ever since then, he continued serving the department. On account of absence from duty, the petitioner was issued a charge sheet on 7.7.2009 to which reply was filed. Enquiry Officer was appointed. After the submission of enquiry report, without supplying him copy of the enquiry report, he was called by the Secretary concerned through a telephonic message and after hearing the petitioner on 30.12.2010, the order terminating his services was passed.

(3.) In the aforesaid factual matrix, the submission of learned counsel for the petitioner is that the punishment awarded to the petitioner, without supplying him a copy of the enquiry report before imposition of punishment, cannot stand judicial scrutiny as it is violative of principles of natural justice. For the purpose, reliance was placed upon judgment of Hon'ble the Supreme Court in Union of India and others v. Mohd. Ramzan Khan, 1991 1 SCT 111and judgments of this Court in Avtar Singh Kahlon v. The Presiding Officer, Labour Court, Amritsar,1992 2 SCT 172and Madan Lal v. Registrar, Coop. Societies, Punjab, 1992 1 SCT 359.