CWP No.12870 of 2008.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.12870 of 2008 Date of Decision: 03.05.2010 **** Amandeep Singh . . . . Petitioner VS. State of Punjab and others . . . . . 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. G.S. Nagra, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner is the main accused, who stands convicted vide judgement dated 23.01.2002 (Annexure P1) passed by the Additional Sessions Judge, Hoshiarpur in a case under Section 302 IPC registered vide FIR No.21 dated 09.03.1999 in PS Dasuya, District Hoshiarpur. (2). Notwithstanding the fact that the misconduct involving moral turpitude had led to his conviction, the petitioner somehow managed to secure his appointment vide letter dated 26.07.2006 on the post of ETT Teacher. His appointment has been subsequently cancelled and he has been dismissed CWP No.12870 of 2008.doc - 2 – from service vide the impugned order dated 20.06.2008 (Annexure P7) on account of his conduct leading to his conviction in the criminal case. (3). No fault can be found with the impugned dismissal order except to observe that if the petitioner earns honourable acquittal, he shall be at liberty to approach an appropriate forum to prove that he was still entitled in law to seek appointment as ETT teacher. (4). The writ petition is dismissed with liberty aforesaid. (5). It further appears from the record that the petitioner secured his appointment on the strength of a so-called legal advice given by the Assistant District Attorney/District Attorney on his representation. As the advice given was patently perverse being against the settled law, the State Government is directed to take appropriate disciplinary action against them as per law. (6). A copy of this order be sent to the Home Secretary, Government of Punjab for taking appropriate action and send a compliance report without any delay. (7). Ordered accordingly. (8). Dasti . (SURYA KANT) JUDGE 03.05.2010 vishal shonkar