Amarjit Singh vs Board of Management, Sant Longowal Institute of Engineering and Technology and Anr

Alok Jain, J

The present petition has been filed under Article 226 of the Constitutionn of India for the issuance of a writ in the nature of certiorari to quash the order dated 10.04.2017 (Annexure P-2), whereby the petitioner was compulsory retired and further quashing of the orders dated 31.12.2020//01.01.2021 (Annexure P-13) by virtue of which the statutory appeal filed by the petitioner was rejected.

Learned counsel for the petiitioner has submitted that the petitioner was appointed as Senior Assiistant on 21.02.1992 and was promoted ass a Section Officer on 28.07.2014. The petitioner and his Senior Harmesh Siingh, Assistant Registrar were suspended on 14.11.2014 and were issued a common charge-sheet. Their entire inquiry proceedings were common and were conducted by the same Inquiry Officer who proved the charges agaainst the petitioner and the saaid Harmesh Singh. Both the delinquent officials were awarded with the punishment of compulsory retirement by virtue of the order dated 100.04.2017. However, since the other delinqquent official Harmesh Singh was at the post of Assistant Registrar, his statutory appeal had to be deecided by the Hon’ble Governor and the appeal of the petitioner was to be decided by the Board of Managemennt. It is further submitted that the petitioner approached this Court on an earlier occasion for decision of his appeal, however, the authorities took a conscious decision as detailed in Annexure P-7 dated 09.09.2019 that the Board of Management in its 29th meeting held on 28.05.2018 had noted that the case of the peetitioner will be dealt as per the decision of His Excellency, the Governorr of Punjab in the case of Sh. Harmesh Singh, Ex-Assistant Registrar.

Learned counsel for the petiitioner further argued that the Hon’ble Goovernor was pleased to reducee the punishment of the other delinquent Official Harmesh Singh on 17.04.2020 (Annexure P-11), the operative paart of which reads as under:

I come to the conclusion that the punishment awarded to Sh. Harmesh Singh of compulsoryy retirement is disproportionate to the negligence by him. Hencce, the punishment is reduced to stoppage of annual increment from the date of suspension till his date of retirement with cumulative effect.

However, subsequently, the appeal of the petitioner has been dismissed without recording any cogent reassons in Annexure P-13.

Learned counsel for the responndents has vehemently opposed and has submitted that the appellate authority qua the petitioner was not the same as in the case of Harmesh Singh and was well within its right to come to a different conclusion and since the pettitioner was the beneficiary and was in the list of 29 employees who had been sent for mapping of pay-scales, thereefore, he has been rightly imposeed with the said punishment. At this stage, he clarified that the petitioner purposefully did not bring on record the noting of the Government of Inndia, which led to grant of pay-scales to 29 employees in which the name of the petitioner was also present.

Heard learned counsel for thhe parties at length. There is nothing comming on record that the Board of Management ever withdrew its resolution recorded in the 29th Meeting helld on 28.05.2018, whereby they had taken a conscious decision that the case of the present petitioner will be dealt as per the decision of the Hon’ble Governor of Punjab. Admittedly, the Governor of Punjab had reduced the punishment awarded to the delinquent official Harmesh Singh and the petitioner being similarly situated wass also entitled for the same. More so, the petitioner was never given an opportunity of personal hearing by the appellate authority after the decision by the Governor in Harmesh Sinngh’s case. There is no cogent reason coming forth for taking different views and the record does not demonstratee that the authorities at any stagee even thought of differentiating the case of the petitioner with the other delinnquent officials.

In light of the above, the pressent petition is allowed and the order dated 10.04.2017, whereby the petitiioner was compulsory retired is modified annd the punishment be read as “stoppage of annual increment from the date of suspension till the date of his retirement with cumulative effect”.

The compliance be done withhin a period of 06 weeks from today and thhe dues to which the petitioner is found entitled be also released within 04 weeks thereafter and, in case, the same is not done, the pay of the Registrar of the Institute shall remain stayed.