Punjab-Haryana High Court
Piara Singh vs Shiromani Gurudwara Prabandhak ... on 10 October, 2014
Author: Satish Kumar Mittal
Bench: Satish Kumar Mittal, Deepak Sibal
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA No. 1291 of 2014 ( O&M )
DATE OF DECISION : 10.10.2014
Piara Singh
.... APPELLANT
Versus
Shiromani Gurudwara Prabandhak Committee, Sri Amritsar
.... RESPONDENT
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE DEEPAK SIBAL
Present : Mr. Lakhwinder Singh, Advocate,
for the appellant.
***
SATISH KUMAR MITTAL, J.
The instant intra court appeal under Clause X of the Letters Patent has been filed against the order dated 14.11.2013 passed by the learned Single Judge, whereby the writ petition (CWP No. 7496 of 2011) filed by the appellant challenging the order dated 26.10.2009 (Annexure P8) passed by the Shiromani Gurudwara Prabandhak Committee (respondent herein), dismissing him from service, has been dismissed.
Though there is a delay of 214 days in filing the appeal and the appellant has filed an application (CM No. 2916-LPA of 2014) for condoning the delay, yet we have heard the learned counsel for the appellant on merits, and have gone through the order passed by the learned Single Judge.
DASS NAROTAM 2014.10.14 18:03 I attest to the accuracy and authenticity of this document LPA No. 1291 of 2014 ( O&M ) -2-
The appellant, who was employed as a Sewadar with the respondent Committee, was found in drunken condition on 16.3.2009. On the same day, he admitted in writing (Annexure R-1) that he had consumed liquor. Thereafter, the appellant was sent to Civil Hospital, Amritsar, for medical examination and the Doctor, after conducting the medical examination of the appellant, reported that the appellant was smelling of alcohol from his breath. In view of this report, the appellant was placed under suspension and he was charge sheeted. After considering his reply to the charge sheet, the order of his dismissal from service was passed.
Learned counsel for the appellant argued that the appellant did not consume liquor during the duty hours and this fact does not reflect on his conduct as an employee. We do not find any substance in this argument. The appellant has admitted that he consumed liquor and this fact was also proved by his medical examination. In the similar facts, in Mahavir Singh vs. Shiromani Gurdwara Parabandhak Committee (LPA No. 640 of 2014 decided on 13.08.2014), this Court has already held that as per the Service Rules of the SGPC and the guidelines issued from time to time, consumption of liquor is a disqualification for a person to seek employment with the SGPC. The consumption of liquor is also against Sikh Maryada. Therefore, merely because the appellant did not consume liquor during the duty hours, no lenient view can be taken. Thus, we do not find any ground DASS NAROTAM 2014.10.14 18:03 I attest to the accuracy and authenticity of this document LPA No. 1291 of 2014 ( O&M ) -3- to interfere with the order passed by the learned Single Judge.
No merit. Dismissed.
( SATISH KUMAR MITTAL )
JUDGE
October 10, 2014 ( DEEPAK SIBAL )
ndj JUDGE
DASS NAROTAM
2014.10.14 18:03
I attest to the accuracy and
authenticity of this document