MALWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner, a Registrar in the office of the Chief Engineer, Public Works Department, Patiala, is aggrieved by the Order dated October 13, 1997, by which the Government has placed him under suspension. The petitioner alleges that this order is vitiated as it has been passed on the recommendation of Mr. M. K. Sain, Chief Engineer, who was not empowered to make any recommendation. He further alleges that the order is vitiated on account of malafides of respondents 2 and 3. The petitioner, consequently, prays that the impugned order as suspension be quashed.

(2.) A written statement has been filed on behalf of the respondents. It has been inter-alia averred that the order of suspension has been passed by the State Government which is the competent authority in the instant case. It has also been pointed out that the petitioner was "hobbnobing with the than Minister P. W. and used undue influence of the Minister in the working of the Department". He by-passed the Secretariat office and on account of his "connection with M. P. W. (Minister for Public Works) sent the note straightway to Superintending Engineer (P&d) for sending the official vehicle to his residence for attending the office of Minister which is clear cut misuse of official power/machinery". It has also been averred that ever since "the petitioner was vested with the work of the Establishment Section II and III, he had been found to be violating/flouting all the norms of office and many irregularities have been noticed which were looked into". While holding the charge of Establishment, Section II, in the cases of Junior Engineers, the petitioner had got "the transfer cases dealt from the Superintendent E-III branch inspite of the fact that Superintendent E-II branch was very much in office, thereby flouting the procedure and decorum of the office. Moreover, the manuscripts and Noting files are also missing for which the matter is being looked into separately". It has been further alleged that the petitioner "has himself concealed the fact that his real brother Shri Balbir Singh is a Contractor in this Department operating under the name and style of M/s. B. S. Builders regarding which no information was given by the petitioner to the Department". It has been pointed out that "there were many complaints regarding working of the petitioner, which was discussed in the Meeting held among Chief Engineers, Secretary, Public Works and Minister for Public Works, Punjab. . . . . . . . it was decided that Chief Engineer being the competent authority, may take suitable action. . . . . " The petitioner's claim has been controverted and it has been prayed that the writ petition be dismissed.

(3.) LEARNED counsel for the parties have been heard.