Punjab-Haryana High Court
Manjit Singh vs Shiromani Gurdwara Parbandhak ... on 3 July, 2014
Bench: Jasbir Singh, Harinder Singh Sidhu
LPA No. 470 of 2014 (O & M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
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LPA No. 470 of 2014 (O & M)
Date of decision : 3.7.2014
Manjit Singh ........Appellant
Vs.
Shiromani Gurdwara Parbandhak Committee, Amritsar ....Respondent
CORAM: Hon'ble Mr. Justice Jasbir Singh
Hon'ble Mr. Justice Harinder Singh Sidhu
Present:- Ms. Vanita Sapra Kataria, Advocate, for the appellant
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Jasbir Singh, J. (Oral)
CM No. 1153 of 2014 :
After hearing counsel for the applicant, application is allowed. Delay of 20 days in re-filing this appeal stands condoned. LPA No. 470 of 2014 :
This appeal has been filed against judgment dated 19.11.2013 vide which learned Single Judge dismissed CWP No. 19780 of 2001, filed by the appellant. By filing that writ petition, the appellant had laid challenge to an order dated 25.10.2001, dismissing him from service.
It was his contention that he was a regular employee. After charge sheet enquiry was not conducted and he was shown the door without adopting proper procedure of law.
Above contention was negated by the learned Single Judge by noting the provisions of Rule 4 (a)(1) of SGPC Rules providing that if any Kumar Ashwani employee serving in a religious institution indulges in any of the activities 2014.07.08 10:22 I attest to the accuracy and integrity of this document LPA No. 470 of 2014 (O & M) -2- prohibited by Sikh Maryada, he shall be liable to be dismissed from service.
So far as the present case is concerned, it is an admitted fact that the appellant was working as Sewadar in a religious institution and consumption of alcohol is strictly prohibited, as per norms of that institution. He was found under influence of liquor. Through police his medical examination was got done. Thereafter, he was charge sheeted to which he filed reply. A Sub-Committee was constituted to look into the allegations levelled against the appellant. The Sub-Committee gave him opportunity to plead his case and orally he was heard. Enquiry was also further got conducted by Manager of that religious institution. It has also come on record that when a complaint was received that the appellant was under the influence of liquor, his house was raided, he was taken to the hospital and through police, he was medico legally examined. As per report, he was found under influence of liquor.
No case is made out for interference in the order under challenge.
Dismissed.
(Jasbir Singh) Judge (Harinder Singh Sidhu) Judge 3.7.2014 Ashwani Kumar Ashwani 2014.07.08 10:22 I attest to the accuracy and integrity of this document