SHIROMANI GURDWARA PARBANDHAK COMMITTEE Vs. S HARJOT SINGH

JUDGEMENT

(1.) This appeal is directed against the order of Sikh Gurdwara Judicial Commission, Amritsar,dated 15.4.2004, whereby petition filed by the appellant Shiromani Gurdwara Parbandhak Committee, against the respondent S. Harjot Singh under Section 142 of the Sikh Gurdwara Act, 1925, (for short, 'the Act') has been dismissed.

(2.) In brief, the facts of the case are that a petition under Section 142 of the Act, was filed by the appellant against the respondent alleging that he was an employee of the appellant having been employed by the then Receiver of Gurdwara Baba Budha Ji Bir Sahib on 26.3.1998 as Pharmacist in the hospital Baba Budha Ji Charitable Hospital which is run by the Gurdwara Sahib of the appellant where the respondent had worked as Pharmacist till 7.10.2000 and due to his absence and not depositing the amount of Rs. 42,240/- of Gurdwara Sahib, he was relieved from his service vide resolution No. 518 dated 07.3.2001. It was alleged by the appellant that the respondent had committed acts of mal-feasance, mis-feasance and non-feasance, breach of trust, neglect of duty and caused monetary loss to Baba Budha Ji Charitable Hospital because of which medicines worth Rs. 3,73,540.85 were found less and some of the expired medicines were also found. A Sub Committee consisting of S.Balbir Singh Pannu, the then Senior Vice President, Bibi Kiranjot Kaur, the then Member SGPC and S.Partap Singh Advocate, the then Member SGPC enquired into the matter and vide their enquiry report dated 4.4.1999 fixed the liability of the employee. Out of Rs. 3,73,540.85, a sum of Rs. 1,08,749.39 was deducted as price of the excess amount and amount of Rs. 2,64,000/- remained balance, for which S. Kashmir Singh, Manager, S.Balkar Singh, Assistant Manager, S. Jiwan Jot Singh Pharmacist, S. Harjot Singh Pharmacist (respondent) and Dr. Sandip Rana were held responsible to pay 16% along-with Rs. 100/- as fine each according to their report dated 10.6.2000. In this way, the respondent was liable to pay Rs. 42,240/- being 16% of the aforesaid amount. This liability was fixed on each person according to Resolution No. 73 dated 19.6.2000. It was prayed in the petition filed under Section 142 of the Act that the respondent who has caused loss of Rs. 42,240/- to the petitioner be directed to pay the same for the benefit of Baba Budha Ji Charitable Hospital along- with cost of Rs. 5000/- and interest @ 18% per annum and the respondent be also disqualified from becoming a Member/employee of any notified Sukh Gurdwara or Board for five years.

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