STATE OF PUNJAB AND ORS. Vs. TEJBIR SINGH

JUDGEMENT

(1.) STATE of Punjab has filed this appeal under clause X of the Letters Patent against the judgment of a learned Single Judge of this Court, dated 30th May, 1983, by which Civil Writ Petition No. 4679 of 1976, filed by Tejbir Singh, Respondent, was allowed, and the impugned orders, copies Annexure P -5 and P -8, dated 17th March, 1973 and 27th April, 1976, respectively, were quashed.

(2.) IN order to appreciate the controversy, certain salient features of the case may be noticed. Tejbir Singh, Respondent, who was Block Development and Panchayat Officer, was appointed as Executive Officer of the Panchayat Samiti, Sirhind. This appointment of his was under Section 21 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961 (hereinafter referred to as 'the Act'). By virtue of his appointment as such, the Respondent came . under the administrative control of the Panchayat Samiti. It appears that some irregularities were alleged to have been committed by him in purchasing books for the Panchayat Samiti Library, with the result, action was initiated against him under Rule 8 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952, which culminated in the order passed by the Governor of Punjab, dated 17th March, 1973, copy Annexure P -5 to the paper book, resulting in stoppage of one increment with cumulative effect and recovery of Rs. 331.56. Feeling aggrieved, the Respondent filed a petition in this Court calling in question the legality and the propriety of the said order. The main plea taken in the petition was that the administrative control over the Respondent (writ Petitioner) as Executive Officer vested in the Panchayat Samiti; that the imposition of punishment also vested in the Panchayat Samiti, and that the order passed by the Governor of Punjab was thus without jurisdiction. In support of this plea, the Respondent had placed reliance on the judgment of a learned Single Judge of this Court in Block Samiti, Nabha v. The Secretary to Government, Punjab and Ors., 1973 P.L.J. 481. The learned Single Judge, before whom the matter came up for final hearing, found force in the plea, and on the basis of the judgment in Block Samiti, Nabha's case, the writ petition was allowed, and the impugned order was quashed. Dissatisfied from the judgment of the learned Single Judge, the present appeal has been filed by the State of Punjab.

(3.) WE have heard the learned Counsel for the parties, and find considerable force in the contention of the learned Additional Advocate -General, Punjab.