CHARAN SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The challenge herein is to charge-sheet issued against the petitioner on April 4, 1995 (Annexure P-4) as also order of suspension dated April 21,1995 (Annexure P-9).

(2.) Petitioner Charan Singh an employee of Guru Nanak Dev Engineering College, Ludhiana, has challenged order Annexure P-4 on the sole ground that under the provisions contained in the Punjab Affiliated (Security of Service) Rules, 197' (hereinafter referred to as 1978 Rules), it is only the Managing Committee which can form an opinion for inquiring into the truth of any imputation of misconduct or -misbehaviour on the part of an employee and before passing order Annexure P-4 at no stage such an opinion was formed. To appreciate the contention of the learned counsel, it will be useful to reproduce Rule 3 of 1978 Rules which reads thus:-

(3.) The Managing Committee has been defined in Sec. 2(d) of the Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974 to mean the Managing Committee of an affiliated college and includes a person or body of persons for the time being entrusted with the management of the affairs of an affiliated college.