PIARA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was a Secretary, Market Committee, Gobindgarh on February 3, 1959, where he joined as such on February 17, 1959. Orders of regular appointment were issued on March 13, 1959 and vide resolution dated March 20, 1961 (Annexure P.3) he was confirmed as such with effect from February 17, 1959. As an enquiry was contemplated against the petitioner, he was placed under suspension vide order dated Feburary 17, 1971 passed by the Chairman of the Punjab State Agricultural Marketing Board (hereinafter referred to as 'the Board'). Thereafter, the Chairman of the Board issued charge sheet to the petitioner on July 7, 1971, vide Annexure P.6, to which the petitioner filed reply on July 27, 1971 (Annexure P.7). Since the reply was not found satisfactory, regular enquiry was ordered and after holding regular enquiry, enquiry report followed, which has been appended as Annexure P.8. It may be observed that the Chairman of the Board was himself the Enquiry Officer. All the charges contained in the charge sheet, excepting those contained at Sr. No. 1(e), 3(a) (viii), and 3(d)(e) stood proved against the petitioner. A show cause notice was issued on January 4, 1972 to which the petitioner filed reply on January 19, 1972. After considering the reply, the petitioner was dismissed from service by the Chairman on 15.3.1972 (order of Annexure P-1). The petitioner filed an appeal before the Government against the order of dismissal, which was rejected vide order dated March 25, 1976.

(2.) The petitioner approached this court by way of filing a writ petition No. 3542 of 1976 against the orders of dismissal and the rejection of his appeal by the Govt. the Writ Petition was decided on May 2, 1983. No return had been filed on behalf of the Board. It had been averred in that petition that no reasonable opportunity had been granted to the petitioner to defend himself during the course of enquiry. Since no return had been held, these assertions were accepted. In view of this position, the other points raised by the petitioner were not gone into and the impugned orders were quashed. The Letters Patent Appeal against the above said judgment was dismissed. However, the Board took the matter before the Apex Court. The Apex Court vide order dated February 10, 1984 (Annexure R.2 with the written statement) observed that no doubt the written statement had not been filed by the Board in the High Court, but the whole enquiry report was annexed by the petitioner with the writ petition and the averments made in the report of enquiry clearly showed that four witnesses were examined on behalf of the department and the petitioner was present during the enquiry and he had cross-examined those witnesses. In view of these circumstances, it was observed that the court (i.e. Apex court) was unable to appreciate the findings of the High Court that the respondent (now petitioner) was not afforded sufficient opportunity to participate in the enquiry and to rebut the charges. Consequently, the judgment of the learned Single Judge and that of the Letters Patent Bench were set aside and the matter was remanded back to the High Court for fresh disposal. On remand, the matter came up for hearing before the same Hon'ble Judge, who had earlier disposed of the writ petition filed by the petitioner. The learned Single Judge vide order dated September 6, 1985, held that in the appeal filed before the State Government, various points had been raised, but the appeal has been rejected without passing a speaking order. Consequently, the appellate order of the Government, dated March 25, 1976, was set aside and the case remanded back to the Appellate Authority for redecision on merits by passing a speaking order. In pursuance to that order, on remand, the Deputy Secretary (Development), Government of Punjab, rejected the appeal on January 29, 1986 (Annexure P.17). This led the petitioner to file the present writ petition. Return has been filed on behalf of the respondents. The order of dismissal of the petitioner, dated March 15, 1972 (Annexure P.11) and the appellate order dismissing the appeal, dated January 29, 1986 (Annexure P.17) have been impugned in this writ petition.

(3.) Learned counsel for the petitioner raised the following points :-