MADAN LAL Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition has been preferred by the petitioner to challenge the direction dated 02.08.2017 (Annexure P-5) passed by the Directorate, Local Government Department, Punjab, and the Impugned Order / Resolution dated 04.09.2017 (Annexure P-6) passed by Respondent No. 2, i.e., Municipal Committee, Rajpura, whereby the petitioner has been "Dismissed from Service" upon his conviction in a case pertaining to the offence punishable under the Prevention of Corruption Act, 1988. The reliance has been placed upon a Division Bench decision dated 23.05.2007 (Annexure P-7) of this Court in case Kaur Singh and another Versus Punjab State Electricity Board and others reported in, 2007 4 SCT 426. The decision of the High Court is set to have followed the judgment in Tulsi Ram Patel's case delivered by the Constitution Bench of the Honourable Supreme Court.

(2.) The factual matrix of the case in brief are that the petitioner joined the services of Municipal Committee as Class-IV Employee / Peon on 20.07.1990 and continued to perform his duties diligently, and was later on promoted to the post of Clerk on 14.11.2006. It was on 10.08.2012 when a case FIR No. 12, under Sections 7 & 13(2), Prevention of Corruption Act, 1988 was registered against the petitioner at Police Station Vigilance Bureau, Patiala, the petitioner was suspended vide order dated 10.08.2012 duly approved through Resolution No. 35/31 dated 29.08.2012. However, during the pendency of the trial, the Municipal Committee passed the Resolution on 29.06.2016 to re-instate the petitioner and utilize his services pending trial. The said Resolution was on the ground of shortage of clerical staff in the Municipal Committee, Rajpura and it was clarified that the employee shall be bound to comply with the orders passed by the Court. The order of reinstatement was passed on 02.11.2016 (Annexure P-1).

(3.) The trial in case FIR No. 12 dated 10.08.2012 ended in conviction on 08.12.2016 (Annexure P-3) holding the petitioner 'Guilty' for the offences punishable under Sections 7 & 13(2) Prevention of Corruption Act, 1988. As the sentence awarded by the Ld. Trial Court for these offences were for a period of two years (maximum) and that too concurrently, therefore, the concession of bail was extended. A Criminal Appeal No. 4605/SB of 2016 was preferred by the petitioner and the concession of suspension of sentence was allowed.