NARINDER KUMAR Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court with a prayer for quashing the order dated 22.06.2007 (Annexure-P-17) passed by the Managing Committee Guru Nanak National College-2nd respondent and the order dated 02.06.2008 (Annexure-P-24) passed by the Director Public Instructions-3rd respondent. He has also claimed consequential relief of quashing the incidental proceedings as violative of statutory provisions contained in the Punjab Affiliated Colleges (Security of Service of Employees) Act, 1974.

(2.) The case of the petitioner is as follow :

(3.) On 21.08.2006 (Annexure-P-11), the petitioner was placed under suspension with the observation that the requisite charge-sheet and show cause notice were not followed by the so called President. The increments due to the petitioner were not granted to him which were stopped w.e.f. 01.02.2006. The petitioner had represented on 01.04.2006 (Annexure-P-12). On 20.09.2006, President Pritam Singh Sarih appointed one Tejinder Pal Singh, Advocate of Nakodar as Inquiry Officer for the second time to inquire into the alleged charge-sheet dated 18/28.10.2004. The petitioner replied stating therein that no charge-sheet dated 28.10.2004 was pending against him (Annexures-P-13 and P-14). The Inquiry Officer Tejinder Pal Singh called upon the petitioner on 16.10.2006 to attend the inquiry proceedings (Annexure-P-15) regarding charge-sheet dated 18.10.2004 instead of 28.10.2004. The petitioner refused to surrender before this Enquiry Officer on 24.04.2007 (Annexure-P-16), the Inquiry Officer submitted his ex-parte inquiry report without a single witness and held that the petitioner went abroad without proper sanction and had used abusive language against the Managing Committee which is an act of insubordination. Thereafter, the 2nd respondent purporting to act as Managing Committee and after issuing show cause notice dated 02.05.2007 to the petitioner, terminated his services by forfeiting his entire suspension allowance (Annexure-P-17).