Quashed

Jaswant Singh v. Punjab State Elect.Board

Punjab & Haryana HC10 Aug 2010CWP/12663/2000

Case brief

AI extract

What is this about?

Single Judge quashed an order directing a fresh enquiry against linemen of the Punjab State Electricity Board. The Board had terminated petitioner-employees for producing bogus experience certificates but a Labour Court later reinstated them with full back wages. The High Court held it was too late to persist with charges after reinstatement. The impugned order was quashed.

What did the court decide?

Impugned order dated 6th June, 2000 directing fresh enquiry and all subsequent proceedings were quashed with no order as to costs.

Jaswant Singh Vs Punjab State… — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Writ Petition No.12663 of 2000

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Date of decision: 10^th August, 2010

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Jaswant Singh and another

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… Petitioners

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Versus

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Punjab State Electricity Board and others

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… Respondents

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CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: None.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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The petitioners were appointed as linemen in the respondent-Board. In the present writ petition, it has been prayed that order dated 6^th June, 2000 (Annexure P-7) passed by the respondent No.2, whereby fresh enquiry was ordered against the petitioners relating to chargesheet dated 3^rd December, 1986, be quashed, being arbitrary, unjustified and unreasonable in the facts and circumstances of the case.

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In pursuance of an advertisement issued by the Board, the petitioners were selected and appointed as linemen and they joined their duties on 10^th August, 1984 and 20^th December, 1985 respectively.

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On 3^rd December, 1986, the petitioners were served with a chargesheet that at the time of investigation they had produced experience certificates, which were bogus. Petitioners submitted reply to the chargesheet, but the punishing authority terminated the services of the petitioners on 10^th December, 1987. The petitioners assailed the order of termination of their services by raising an industrial dispute. The Labour Court, vide Award dated 28^th November, 1995 (Annexure P-4), held the termination of services of the petitioners to be illegal and they

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Civil Writ Petition No.12663 of 2000

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were ordered to be reinstated with continuity of service and full back wages. In pursuance of the Award (Annexure P-4) passed by the Labour Court, petitioners were reinstated into service on 16^th July, 1998. Thereafter, impugned order dated 6^th June, 2000 (Annexure P-7) was passed and Er.S.D. Malaika, Additional Superintending Engineer, Western Division, Amritsar was appointed as an Enquiry Officer to enquire into the charges against the petitioners in pursuance of chargesheet dated 3^rd December, 1986. The impugned order (Annexure P-7) was stayed by a Division Bench of this Court on 19^th September, 2000 and thereafter, the writ petition was admitted.

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In pursuance of their appointment, the petitioners are continuing in service of the Board since year 1984 and 1985 respectively. The Labour Court held the termination of the petitioners to be bad and ordered their reinstatement into service with continuity of service and full back wages. Petitioners are performing their duties for the last about 15 years. Counsel for the petitioners are not available to state as to whether during the last 15 years, petitioners have been promoted or not. This Court is of the view that by serving the Board, petitioners have gained sufficient experience. It is not on record as to whether any criminal action was initiated against the petitioners or not. Since the petitioners have been reinstated into service in compliance of the Award of the Labour Court (Annexure P-4), it is too late now in the day to persist with the chargesheet.

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Hence, the present writ petition is accepted and the impugned order (Annexure P-7) along with all subsequent proceedings is hereby quashed with no order as to costs.

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[KANWALJIT SINGH AHLUWALIA] JUDGE

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August 10, 2010 rps

Jaswant Singh v. Punjab State Elect.Board

Case brief

What is this about?

What did the court decide?

Jaswant Singh v. Punjab State Elect.Board

Case brief

What is this about?

What did the court decide?

What the court decided

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