S KUNDAN SINGH Vs. SHIROMANI GURDAWARA PARBANDHAK COMMITTEE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 24.09.1987 passed by the Sikh Gurudwaras, Judicial Commission, Amritsar vide which in a petition filed by the Shiromani Gurudwara Parbandhak Committee (in short 'SGPC') under Section 142 of the Sikh Gurudwara Act, 1925, the present appellant was saddled with the liability to pay Rs. 10,760.86 along with interest @ 12% per annum. Brief facts of the case, necessary for the disposal of the appeal are that as per the complaint of S. Swaran Singh, President, Managing Committee of Gurudwara Teja Kalan, District Gurdaspur, S. Kundan Singh i.e. present appellant was working as Manager, Committee of Management of Gurdwara Teja Kalan, District Gurdaspur. S. Swaran Singh, President of the Committee moved an application on 07.09.1974 before the Secretary of the SGPC for checking the accounts of the gurudwara. Gurudwara Inspector of the SCPC, namely S. Surjit Singh checked the accounts from 1967 to 1974 and submitted report on 01.11.1974 and found that the present appellant had caused loss to the tune of Rs. 10,760.86 to the gurudwara on account of maleficence, breach of trust, negligent on duty, abuse of power with expenditure etc.

(2.) The present appellant-respondent in the reply denied such allegations. From the pleadings, preliminary issues as well as main issues were framed. Issue Nos.1 to 8 were decided against the present appellant-respondent. Consequently, the impugned judgment was passed.

(3.) I have heard learned counsel for the parties and have also carefully gone through the case file.