Punjab-Haryana High Court
Pargat Singh vs Shiromani Gurudwara Prabandhak ... on 29 November, 2018
Bench: Krishna Murari, Arun Palli
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
LPA No.1476 of 2018 (O&M)
DATE OF DECISION: 29.11.2018
Pargat Singh .....Appellant
versus
Shiromani Gurudwara Prabandhak Committee and others
.....Respondents
CORAM:- HON'BLE MR. JUSTICE KRISHNA MURARI, CHIEF JUSTICE
HON'BLE MR. JUSTICE ARUN PALLI, JUDGE
Present: Shri G.S. Bal, Senior Advocate with
Ms. Gursimran Kaur, Advocate for the appellant
..
KRISHNA MURARI, CHIEF JUSTICE: (Oral) This intra-Court appeal is directed against the judgment and order dated 24.07.2018 passed by the learned single Judge dismissing the writ petition filed by the appellant herein and one Ranjit Kaur challenging the order dated 18.05.2016 terminating their services.
2. The services of the appellant and said Ranjit Kaur were terminated on the allegation that in the intervening night of 31.03.2010 and 01.04.2010 both of them were caught in compromising position in an under-construction house. Appellant herein was also found under the influence of liquor. They were taken to police station Kot Hakima where they made a confession. Both of them were placed under suspension and a charge-sheet was served upon them and, after enquiry, were dismissed from service vide order dated 18.05.2016 which was subject matter of challenge in the writ petition.
3. Learned counsel for the appellant submits that once the learned single Judge found that the story was concocted on the basis whereof writ petition filed by Ranjit Kaur was allowed, the appellant herein was also entitled for the same 1 of 2 ::: Downloaded on - 06-01-2019 17:33:03 ::: LPA-1476-2018 - 2 -
relief as the story itself was found to be concocted and false.
4. The learned single Judge, for want of evidence to substantiate the allegation that Ranjit Kaur was found in compromising position with the appellant herein, allowed the writ petition qua Ranjit Kaur and set aside the order dismissing her from service. Insofar as, the appellant- petitioner is concerned, the medical evidence confirmed that Ethyl Alcohol was detected in his blood and urine samples and, thus, he was rightly held guilty in view of the service rules of the Shiromani Gurudwara Prabandhak Committee (SGPC) and guidelines which make the consumption of liquor a disqualification for a person to seek employment with the SGPC or to continue in employment. Since the medical evidence confirmed the presence of Ethyl Alcohol in the blood and urine samples of the appellant herein, the charge against him that he was found in a drunken state stood proved and, thus, he has rightly been dismissed from service in view of the service rules of SGPC.
5. We do not find any fault with the judgment of the learned single Judge which may require any interference in the matter. The appeal is devoid of merits and, accordingly, stands dismissed.
(KRISHNA MURARI) CHIEF JUSTICE (ARUN PALLI) JUDGE 29.11.2018 parkash NOTE:
Whether speaking/non-speaking: Speaking Whether reportable: YES/NO 2 of 2 ::: Downloaded on - 06-01-2019 17:33:03 :::