**** vs Sgpc & Ors on 9 December, 2010

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Punjab-Haryana High Court

**** vs Sgpc & Ors on 9 December, 2010

Bench: Surya Kant

CWP No.3388 of 2009.doc                                                    -1-




       HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
                          ****
                CWP No.3388 of 2009
             Date of Decision: 09.12.2010
                          ****
Manjit Singh                         . . . . Petitioner

                                      VS.

SGPC & Ors.                                          . . . . . Respondents
                              ****
CORAM :             HON'BLE MR.JUSTICE SURYA KANT
                              ****
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
                                ****
Present:     Ms. Vanita Sapra Kataria, Advocate
             for the petitioner

             Mr. BS Sudan, Advocate
             for respondent No.1

             Mr. Sukbir Singh, Advocate
             for respondents No.2&3

                                     *****

SURYA KANT J. (ORAL)

(1). The petitioner was an accountant in the Gurdwara Kotha Sahib, V&PO Vallah, District Amritsar. He was employed by the Local Gurdwara Prabandhak Committee. The services of the petitioner were terminated on account of certain allegations, though without holding any enquiry and without observing the principles of natural justice. The aggrieved petitioner has approached this Court.

CWP No.3388 of 2009.doc -2-

(2). Learned counsel for the petitioner has now placed on record the order dated 31.08.2010 (Annexure P6) passed by the Local Gurdwara Prabandhak Committee re-instating the petitioner in service w.e.f. 01.09.2010 by treating the intervening period as leave without pay. However, the petitioner's re-instatement needs to be formally approved by the Shiromani Gurdwara Prabandhak Committee (SGPC) - respondent No.1 and a case for such approval has also been forwarded vide memo dated 25th November, 2010 (Annexure P7) which is still awaited.

(3). In these circumstances when the petitioner has already been granted substantial relief and only a formal approval by the first respondent is required which is pending consideration, I deem it appropriate to dispose of this writ petition with a direction to respondent No.1 to consider and accord its necessary approval for the petitioner's re-instatement as early as possible but not later than two months from the date of receipt of a certified copy of this order.

(4). As soon as the approval is received, the Local Gurdwara Prabandhak Committee shall release salary to the petitioner from the date of his re- instatement and in accordance with Rules. CWP No.3388 of 2009.doc -3- (5). Ordered accordingly. Dasti. 09.12.2010 (SURYA KANT) vishal shonkar JUDGE

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