MADAN LAL SHARMA Vs. STATE OF PUNJAB ETC

JUDGEMENT

(1.) The petitioner in this case is a Head-mater (under suspension) of the Gandhi Memorial High School, Amritsar. The said school is a recognised institution and is run under the Delhi pattern and is approved by the Director, Public Instruction, Punjab. The School also gets aid from the Punjab Government to the extent of 95 per cent of the deficit to the salaries of its staff. The petitioner was suspended by the management on 23rd July, 1971. Admittedly during this period neither he has been paid any salary nor any subsistence allowance by the management or by the department. The petitioner made many representations but of no avail. The petitioner also made an application before the Deputy Commissioner under Section 3(4) of the Punjab Aided Schools (Security of Service) Act, 1969. The Deputy Commissioner dismissed the application on the ground that he had no jurisdiction to entertain an application against an order other than that of dismissal, removal or reduction in rank of an employee. Since the petitioner is not dismissed nor removed from service nor reduced in rank, no application before the Deputy Commissioner was competent. A criminal case was also got registered against the petitioner by the management vide First Information Report No. 301 on 1st September, 1971, in Police Station Kotwali, Amritsar under Sections 406, 409 and 420, Indian Penal Code. Till now nothing is done in the criminal case no challan is put in and no proceedings have taken place. It is in these circumstances that the petitioner has filed this writ petition against the proceedings which are pending against him. The prayer made in the writ petition is that the respondents be directed to reinstate the petitioner as Head-master of the School and to pay him all back wages with effect from 1st April, 1970.

(2.) In the written statement filed on behalf of the Governing Body of the School, respondent No. 4, it is stated that the payment of the salary of the petitioner has been withheld because he has embezzled huge amounts of scholarships and stipends of Harijan students and blind students and other school monies and that the case is pending in the Court of Shri M.S. Lekhi, Judicial Magistrate, Amritsar, against him. It is then stated that the petitioner is not entitled to reinstatement and will continue to remain under suspension till the decision by the Court as to the guilt of the petitioner. It is maintained that the petitioner is not entitled to any subsistence allowance or leave wages and that the question of the petitioner's suspension is already subjudice before a criminal Court.

(3.) In the return filed on behalf of the respondent Nos. 1 to 3, it is admitted that school is run by a governing body which has been reconstituted under the Delhi pattern of grant-in-aid. It is also admitted that the grant is paid by the Government at 95 per cent of the approved deficit of the school and not 95 per cent of the salaries of the staff. It is further admitted that the inquiry was conducted by Dr. A.C. Kapur, the then Joint Director, Public Instruction, but as he did not reach any definite conclusion, no action was taken, particularly in view of the fact that the representation of the petitioner against his suspension was dismissed by the Deputy Commissioner, Amritsar.