RAJINDER SINGH Vs. THE PUNJAB STATE AND ANR.

JUDGEMENT

(1.) THIS petition under Articles 226 and 227 of the Constitution brought by Rajinder Singh, who was serving as teacher in the Government Middle School, Dialpura, challenging the order of his dismissal from service, originally came up before me sitting in Single Bench. As the fate of the petition turned on the interpretation of the proviso to Article 311(2) of the Constitution and Rule 7 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952 (hereinafter called the service Rules), on which there was no direct authority of this Court or the Supreme Court, and the matter being of considerable importance and frequent occurrence, I referred the same for decision by a larger Bench.

(2.) ON 31st July, 1964, the Petitioner Rajinder Singh, while employed as a teacher in the Government Middle School, Dialpura, was convicted by Magistrate, First Class, Rajpura, under Section 332, of the Indian Penal Code and sentenced for assaulting a bus conductor with whom he is alleged to have exchanged hot words on the latter's refusal to carry the students studying in the Petitioner's school and refusing to make available to the Petitioner the complaint book. An appeal against this order was rejected, and the Petitioner's conviction was upheld in revision (Criminal Revision No. 1264/65) even by this Court on 26th July, 1965, though his sentence was reduced to imprisonment till the rising of the Court and Rs. 300 as fine. In the meanwhile, at the instance of the District Education Officer, Patiala, on the basis of this conviction under Section 332 of the Indian Penal Code, the Director of Public Instruction, Punjab (Respondent No. 2) dismissed the Petitioner by his order, dated 3rd December, 1964, without serving upon him any show -cause notice. In this order, the Petitioner's name was incorrectly entered as Joginder Singh, but subsequently by means of a corrigendum, which forms annexure 'B' to the petition, issued on 25th March, 1965, the necessary correction was made, and it was directed that instead of Joginder Singh the name of the Petitioner Rajinder Singh be read in the original order. The Petitioner preferred an appeal to the State Government, but the same was rejected, and he was informed of its result, - -vide letter (annexure C), dated 17th October, 1967, addressed by the Secretary, Education Department, Government Punjab, to the Petitioner's father. Copy of the Government's order, dated 15th June, 1967, which was enclosed with his letter reads thus:

(3.) THE order of the Petitioner's dismissal as communicated to him may here be reproduced. It reads: