Diljit Singh Bedi vs Shiromani Gurudwara Prabhandhak ...

4. The relevant facts very briefly are that the appellant was working as an Assistant Secretary of the SGPC at Amritsar when a news item was published in the local dailies in November 2007 with some photographs of the appellant with a woman in embarrassing positions. The SGPC constituted a Sub-Committee to hold an inquiry against the appellant and the appellant was asked to appear before the Sub-Committee on 22.11.2007 at 10.00 A.M. in the Meeting House, Sri Guru Nanak Niwas, Sri Amritsar.

The appellant submitted his explanation that the photographs were that of himself and his wife and he did not know how someone has taken these from his bedroom.

On 04.01.2008, however, the appellant submitted his resignation and the resignation was accepted by the President of the SGPC by order dated 04.01.2008. The 3 appellant then made a representation complaining that his resignation was obtained by coercion and misrepresentation and by order dated 28.02.2008 issued by the Secretary of the SGPC, the order dated 04.01.2008 of the President of the SGPC accepting the resignation of the appellant was cancelled and the appellant was relieved from service on the ground that the resolution of the Executive Committee adopted on 01.01.2008 to reinstate the appellant in service was not confirmed by the Executive Committee in the meeting on 18.02.2008. Aggrieved by the order dated 28.02.2008 issued by the Secretary, SGPC, relieving the appellant from service, the appellant filed writ petition, CWP No.5587 of 2008, before the High Court. By the impugned order dated 03.04.2008, the High Court dismissed the writ petition after holding that the appellant had not only defamed the SGPC but also brought a bad name to the entire community and the order dated 28.02.2008 relieving the appellant from service had been rightly passed.

Representation against these charges shall be received from the employee within a reasonable time and in case he denies these charges or prays for holding an enquiry or the Executive Committee deems it fit, these charges shall be got enquired into in the presence of the employee and for each item of the charge-sheet which has not been admitted, evidence shall be recorded in his presence and the employee shall be entitled to cross-examine these witnesses. In case an employee wishes to produce his defence, the same shall be entertained, but in case if the Enquiry Committee feels that certain evidence is not necessary, it shall not be permitted to be produced for the reasons to be recorded in writing. Action shall be taken against the employees only when the charge is established.

(ii) In case the employees wish to produce any record or document in their defence, he shall be permitted to do so and if he asks for the copies of these documents, the same shall be supplied to him without any objection and he shall be permitted to inspect the record free of cost.

(iii) Every employee who has been dismissed or degraded or removed shall be supplied with the copies of the report of the Enquiry Committee and also the final decision of the Executive Committee free of cost.

(iv) (a) The record pertaining to the dismissal or degradation of an employee shall not be destroyed for three years, rather it shall be kept in safe custody.

(b) If an employee is reinstated on exoneration after his suspension, he shall be entitled to the arrears of salary of the suspension period."

11. The order dated 28.02.2008 issued by the Secretary of the SGPC terminating the services of the appellant is therefore not legally valid and is accordingly quashed.

The impugned order of the High Court is set aside.

The writ petition and this appeal are allowed. The appellant will be forthwith reinstated in service. On the facts and circumstances, particularly having regard to the fact that the appellant had offered to resign on 04.01.2008, the appellant will not be entitled to any backwages. There shall be no order as to costs.