KANSHI RAM DRIVER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution of India, by a driver of the Malaria Unit, Government of Punjab Chandigarh. It is alleged in the petition that the proceedings against the petitioner were started for mala fide reasons because he was instrumental in bringing certain officers to book for their dishonest activities. It is not necessary to determine the question of mala fides because on the facts, which are admitted and proved on the record, the petitioner would be entitled to relief, though on a different ground. The petitioner was suspended on the basis of certain complaints against him on the 29th of August, 1959. A charge sheet was handed over to him on the 18th of November, 1960, which is annexure 'D'. In spite of his suspension order, he was permitted to attend a refresher course from 31st January, 1960 to 29th February, 1960 and was paid his full salary for that period. On the 29th of November, 1960, the petitioner submitted his reply to the charge-sheet. It is common ground that no enquiry was held and the petitioner was served with show-cause notice on the 8th of February, 1961. The show-cause notice is in the following terms :-

(2.) Mr. Wasu's short contention is that if the period, during which the petitioner was suspended, is not to be treated as period on duty and is to be ignored for all purposes, it virtually amounts to this that for this period, the petitioner was removed from service and as this punishment has been imposed on him without complying with the mandatory provisions of Article 311 of the Constitution of India, the order is bad.

(3.) Mr. Nehra, learned counsel for the State, on the other hand, contends that this order does not amount to an removal. It is an order passed under Rule 8 of the Punjab Appeal and Punishment Rules; and, therefore, the provisions of Article 311 are not attracted.