Punjab-Haryana High Court
Mahavir Singh vs Shiromani Gurdwara Parbandhak ... on 13 August, 2014
Bench: Satish Kumar Mittal, Arun Palli
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
LPA No. 640 of 2014
DATE OF DECISION : 13.08.2014
Mahavir Singh
.... APPELLANT
Versus
Shiromani Gurdwara Parbandhak Committee
.... RESPONDENT
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
HON'BLE MR. JUSTICE ARUN PALLI
Present : Ms. Vanita Sapra Kataria, Advocate,
for the appellant.
***
SATISH KUMAR MITTAL, J. ( Oral ) The appellant, who is dismissed employee of the Shiromani Gurdwara Parbandhak Committee (hereinafter referred to as `the SGPC'), has filed the instant Letters Patent Appeal against the order dated 14.11.2013 passed by the learned Single Judge, whereby the writ petition (CWP No. 7492 of 2001) filed by him challenging the order dated 4.5.2001 (Annexure P-5) passed by the SGPC, dismissing him from service, has been dismissed.
We have heard learned counsel for the appellant and have gone through the impugned order.
The appellant was dismissed from service on the basis of DASS NAROTAM 2014.08.14 14:07 I attest to the accuracy and integrity of this document LPA No. 640 of 2014 -2- charges that he consumed liquor while on duty and also mis-behaved with the devotees. This was not a single instance, when the appellant was punished. On earlier two occasions also, he was dismissed from service on the similar charges, but subsequently by taking a lenient view, he was reinstated. This shows that the appellant is incorrigible and did not mend his way, in spite of two opportunities granted to him. As far as the argument raised by learned counsel for the appellant that no proper procedure was followed while punishing the appellant is concerned, it is an admitted position that not only before the Sub Committee, but before the Judicial Magistrate Ist Class, during the hearing of a DDR recorded against him under Sections 290/510 IPC, the appellant had conceded his mis-conduct. Therefore, it is a case of admitted mis-conduct. It is pertinent to mention here 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. All these factors have been taken into consideration by the learned Single Judge while passing the impugned order. Thus, we do not find any reason to interfere in the impugned order.
Dismissed.
( SATISH KUMAR MITTAL )
JUDGE
August 13, 2014 ( ARUN PALLI )
ndj JUDGE
DASS NAROTAM
2014.08.14 14:07
I attest to the accuracy and
integrity of this document