TEK BAHADUR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioners herein was a member and then the Chairman of the Market Committee, Ferozepore Cantt. For an incident, which took place on 18-2-1983, relating to a meeting scheduled to be held, in which the petitioners was to participate as also the Executive Engineers of the Marketing Board and the Provincial Division, it transpired that Shri G. S. Mann, Executive Engineer, Marketing Board, Ferozepore, made an adverse report against the petitioners. That was to the effect that the petitioners was found drunk in the meeting and was not in his senses. An instance was also quoted that prior to 18-2-1983 the petitioners had come to the office drinks and had even been taking drink while sitting in the office neglecting the duties as a member and the Chairman of the Market Committee. Thereupon, the state Government, through its deputy Secretary of the concerned Department, issued a show cause notice on 1-6-1983 (Annexure P. 1) to the petitioners satisfying the requirement of the proviso to s. 15 of the Punjab Agricultural Produce Markets Act, 19161 (hereinafter required tot as the Act ). The petitioners was required to submit his reply up till 25-6-1983.

(2.) AS is plain from the show-cause notice, reference was made therein to the report of Shri G. S. Mann, the crux of which detailed therein, was that the petitioners was found drunk and was not in his senses on 18-2-1983. The petitioners instead of showing cause to the notice, submitted an application copy whereof is Annexure P. 2 asking for a copy of the report/reports mentioned in the show-cause notice and stated that, ion receiving a reply from the Government, he would submit a detailed reply to the show-cause notice. Thereupon, the Government issued notification Annexure P. 3 in accordance with S. 15 of the Act, whereby the petitioners was removed from the membership as well as the Chairmanship of the Market committee, Ferozepore Cantt. Challenging the same, the petitioners has approached this Court under Arts. 226 and 227 of the Constitution of India.

(3.) WRITTEN statements have been filed by the State of Punjab on the affidavit of the joint Secretary to Government, Punjab Development Department as also by respondent No. 2 Gurbax Singh Sindhu, Secretary of the Market Committee, Ferozepore Cantt. Both of them have reiterated, in justification, the allegations against the petitioners about his misconduct and neglect. the defence taken is that the action of the Government was within the four corners of law and had been taken after an opportunity of being heard had been afforded to the petitioners.