GURNAM SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner was inducted into the service of the Revenue Department of the State Government as a Patwari in 1983. In 1996 he was promoted as Kanungo.

(2.) In the year 2000, while the petitioner was holding the post of Kanungo, a criminal case was registered against the petitioner by the Vigilance Department of the State Government under Ss. 7, 13(1) and 13(2) of the Prevention of Corruption Act, 1988, wherein it was alleged that the petitioner demanded illegal gratification of Rs.2,000/ -for making a favourable report in respect of demarcation of land of one Sukhwinder Singh, a resident of village Mohtanwala in district Kapurthala. Consequent upon the criminal prosecution initiated against the petitioner, he was found guilty on the charges levelled against him by the Special Judge, Kapurthala, vide his judgment/order dated 7.6.2004. The petitioner was consequently sentenced to imprisonment of four years and fine of a sum of Rs.1,000/ -.

(3.) The pleadings of the instant writ petition reveal, that the petitioner was issued a show cause notice on 15.6.2004, proposing the punishment of dismissal from service, in exercise of powers conferred on the appointing authority under Rule 13(1)(ii) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970, read with Article 311(2)(a) of the Constitution of India, in view of his conviction at the hands of a criminal Court under the provisions of the Prevention of Corruption Act, 1988. The petitioner duly submitted his response thereto. Having considered the aforesaid reply, the District Collector, Kapurthala, by his order dated 19.7.2004 dismissed the petitioner from service with effect from 4.6.2004.