PYARA SINGH MULLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a rule obtained by Fyara Singh Mulla, who was at one time a Senior Clerk in the Punjab Civil Secretariat, for a writ of 'certiorari' and for a mandamus to quash the orders of the Punjab Government dismissing the petitioner and tor a direction to reinstate the petitioner.

(2.) Pyara Singh Mulla was appointed a Senior Clerk on 5-10-1948 and on 30-71952 he was suspended by an order of Mr. Nawab Singh Chief Secretary of the Punjab Government and on the same day he was given a charge-sheet to put in his defence in regard to two matters -- (1) that he shouted at the Chief Secretary saying that he did not care for him, and (2) abused him filthily in public outside the Secretariat merely because he had been pulled up by the Chief Secretary for making a speech. Mr. Gian Singh Kahlon, the Home Secretary, was appointed the officer tit make the necessary enquiry under the rules.

(3.) In support of one of the charges one Amar Chand, an Assistant Secretary in the Secretariat, and on the other charge five witnesses were examined and then the petitioner was called upon to enter on his defence. The explanation which the petitioner had given is Annexure 'B' and the least I can say is that the language used is unworthy of a Government servant. It appears that the petitioner on 19-81952 made an application for appearing with and through a pleader, but this was turned down at that stage as well as previously when an oral application was made.