Punjab-Haryana High Court
Kirpal Singh vs Sgpc on 14 November, 2013
Author: Mahesh Grover
Bench: Mahesh Grover
CWP No. 6345 of 2001 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
*****
CWP No. 6345 of 2001
Date of decision : November 14, 2013
*****
Kirpal Singh
............Petitioner
Versus
SGPC
...........Respondent
*****
CORAM: HON'BLE MR. JUSTICE MAHESH GROVER
*****
Present: Mr. Vanita Sapra Kataria, Advocate for the petitioner.
Mr. Sukhbir Singh, Advocate for the respondent.
*****
MAHESH GROVER, J (ORAL)
This writ petition along with numerous others has been pending in this Court on the premise of a similarity and commonality of question of law involved in all of them. The question of law which were propounded are as below:-
1. Whether the services of an employee of the Shiromani Gurdwara Parbandhak Committee (hereinafter referred to as the S.G.P.C) can be terminated without following the process of law contained in the statute i.e. The Sikh Gurdwara Act, 1925 (hereinafter referred to as the Act) ? Kukreja Ritu
2. Whether the proceedings arising out of the said order of 2013.11.25 10:52 I attest to the accuracy and integrity of this document Chandigarh CWP No. 6345 of 2001 2 termination are amenable to an alternative relief under Section 142 of the Act?
Upon due consideration of the matter, I am of the opinion that the aforesaid issues are no longer res integra in view of the judgment of the Hon'ble Supreme Court rendered in Mewa Singh v. Shiromani Gurdwara Parbandhak Committee J.T. 1998(8) S.C. 503 wherein the Hon'ble Supreme Court observed as follows:-
"7. A mere reading of various provisions of the Act and rules set out above unmistakably show that SGPC is a creation of statute and Service Rules framed by it in exercise of its statutory power have force of law. Any violation of the provision of the Act and the Rules will certainly make SGPC amenable to writ jurisdiction of the High Court under Article 226 of the Constitution. We do not find any basis for the SGPC to contend that no writ can be issued against it even if its action is contrary to the provision of law and the Rules framed thereunder. SGPC is a creation of the statute. It has to act within the four corners of the law constituting it and the rules framed by it under the powers conferred upon it under the Act. We do not think any discussion is needed to dispel this argument by the SGPC that it is immune from the writ Kukreja Ritu 2013.11.25 10:52 I attest to the accuracy and integrity of this document Chandigarh CWP No. 6345 of 2001 3 jurisdiction of the High Court. Language of Article 226 does not admit of any limitation on the powers of the High Court for the exercise of its jurisdiction there under. Subba Rao, J. in Dwarkanath v. ITO [1965(3) SCR 536] said that Article 226 "is couched in comprehensive phraseology and it ex facie confers a wide power on the High Court to reach injustice wherever it is found. The Constitution designedly used a wide language in describing the nature of the power, the purpose for which and the person or authority against whom it can be exercised."
8. We have examined the provisions of Section 142. It does not provide any alternative remedy to an employee of the SGPC, who has been dismissed or whose services have been terminated. Section 142 does not cover any such type of case. In our view High Court in Ajaib Singh case rightly held that section 142 of the Act was inapplicable in the case and that petitioner therein could not seek remedy under Section 142, which does not provide any alternative remedy."
In view of the above, it is now apposite to decide all the related matters individually to see whether any cause of grievance Kukreja Ritu 2013.11.25 10:52 I attest to the accuracy and integrity of this document Chandigarh CWP No. 6345 of 2001 4 personal to the petitioner survives, as it would have to be determined whether the principles of natural justice have been complied with and the procedure enshrined in the statute intended to ensure the observance of the principles of natural justice have been violated or not.
The petitioner was alleged to have given false information to the police which invited a raid bringing the Gurdwara Sahib into disrepute. On these charges, petitioner was dismissed from service. Learned counsel for the petitioner while impugning the said order has contended that since no procedure of law as contained in the Rules was followed, the impugned order of dismissal is unsustainable in the eyes of law. The respondents, however, contended that there is ample justification in passing of the impugned order since the petitioner had made a false complaint and the Gurdwara Sahib was put into great disrepute, thereby lowering its image.
I have heard the learned counsel for the parties and have perused the material on record. It is not in dispute that proceedings under section 182 of the Indian Penal Code were initiated against the petitioner by the police authorities for making a false complaint and in which proceedings, the petitioner admitted his guilt.
Having done so, I am of the opinion that the respondents were well within their rights to dispense with the services of the petitioner as the conduct of the petitioner, even otherwise, was not becoming of an employee.
Every employee who is engaged in employment is Kukreja Ritu 2013.11.25 10:52 I attest to the accuracy and integrity of this document Chandigarh CWP No. 6345 of 2001 5 expected to demonstrate loyalty towards the institution which has engaged his services. Such a conduct, where an employee brings into disrepute his employer on flimsy and unsustainable grounds cannot be overlooked by his employer and, therefore, the action taken against the petitioner was just and appropriate. Besides, the petitioner already admitted his guilt before the police authorities which can be taken to be a material sufficient to persuade the respondents to pass an order adverse to the petitioner. No ground to set aside the impugned order.
Dismissed.
November 14, 2013 ( MAHESH GROVER )
ritu JUDGE
Kukreja Ritu
2013.11.25 10:52
I attest to the accuracy and
integrity of this document
Chandigarh