CWP No.16141 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.16141 of 2008 Date of Decision: 21.07.2010 **** Hari Krishan . . . . Petitioner VS. Punjab State Warehousing Corp & Anr. . . . . . 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: Mr. Vivek Sethi, Advocate for the petitioner Mr. Harsh Aggarwal, Advocate for respondents **** SURYA KANT J. (ORAL) (1). The petitioner who was in the service of the Punjab Warehousing Corporation as a Technical Assistant, was dismissed from service vide order dated 27.04.2005 (Annexure P7) passed by Shri Ashok Kumar Goel, IAS, the then Managing Director of the Corporation. The petitioner preferred a departmental appeal against the dismissal order under Regulation 21 of the Punjab State Warehousing Corporation Staff Regulations 1960. The appeal was required to be decided by the Appellate Authority, namely, the Executive Committee constituted under these Regulations. The petitioner’s appeal was dismissed by the Executive Committee- CWP No.16141 of 2008.doc - 2 – cum-Appellate Authority vide its order dated 11.01.2007 (Annexure P9). (2). Aggrieved the petitioner has approached this Court. (3). On a perusal of the Appellate order dated 11.01.2007, it is revealed that the Executive Committee was comprising Sarvshri J.S. Sandhu IAS, Director F&S and Secretary to Government of Punjab; AV Jawakar, Secretary, CWC, New Delhi; and Ashok Kumar Goel, IAS, Managing Director, PSWC. It is thus obvious that the ‘punishing authority’ himself was a member of the appellate authority which is against the well- established principle of nemo debetesse judex in propria causa. The principles of fair and just play demand that no one should be judge in his own cause. The Punishing Authority was bound to have the tendency to tilt in favour of its own order. The Executive Committee while deciding the appeal therefore ought not have associated Sh. Ashok Kumar Goel, IAS as its member. (4). For the reasons afore-stated, the writ petition is allowed in part, the appellate order dated 11.01.2007 (Annexure P9) is set aside and the matter is remitted to respondent No.1 with a direction to get the petitioner’s appeal decided afresh from the Executive Committee which shall not include the Punishing Authority as its member; after giving due opportunity of personal CWP No.16141 of 2008.doc - 3 – hearing to the petitioner within a period of four months from the date of receipt of a certified copy of this order. (5). Ordered accordingly. (6). Dasti . 21.07.2010 vishal shonkar (SURYA KANT) JUDGE