Judgement

KHALID, J.:- The appellants were the employees in the ministerial establishment of the Courts at Ferozepore and Zira having entered into service varying from the year 1952 to 1965. They are members of the- Punjab Civil Courts Clerks Association. On 24th July, 1980, there was an incident in the Court of Shri N. S. Mundra, Judicial Magistrate, 1st Class, Zira. On that day, one Jagdish Lal, a Senior Ahlmad of the Court was slapped. He is one of the appellants in this appeal. On the day he was slapped, he presented a representation to the District and Sessions Judge Shri Nehra. An enquiry was directed to be held by the Senior Sub-Judge, Ferozepore, into the incident. In this enquiry. it was found that Shri Mundra, Judicial Magistrate, Zira, slapped Jagdish Lal. This incident caused resentment in the Association and the Association,. therefore, felt that something should be done to demonstrate this resentment. Accordingly, it was decided by the Association that a request should be made to the District and Sessions Judge, Ferozepore, to transfer Jagdish Lal from the Court at Zira to any other Court so that calm could be restored. The appellants among others met the District and Sessions Judge for this purpose on 28-7-1980. It is alleged that the Sessions Judge did not accede to the request of the representatives of the Association to plead their case before him. This aggravated the situation. Though the association and their representatives including the appellants were keen to resolve the matter, the District and Sessions Judge adopted a hardened attitude. The matter came to the notice of the High Court. An enquiry by Justice S. P. Goyal of the High Court of Punjab and Haryana was directed to be held and it was scheduled for 9th August, 1980. He was to reach the Canal Rest House at 4.00 P.M., but he could reach only at 7.30 P.M. At that time, the District and Sessions Judge, along with other Judicial Officers were present to receive him. A demonstration was organised by the subordinate Court officials. There was continued slogan shouting from 4.00 P.M. till 7.30 P.M. before Justice Goyals arrival. The appellants are said to have taken a prominent part in raising objectionable slogans. The slogans are :

"N.S. Mundra Murdabad; N. S. Mundra Hai Hai; Dakia Mahajan Superintendent Murdabad; B. S. Nehra Murdabad; B. S. Nehra naun Chalta Karo; Katal Nehra Murdabad; B. S. Nehra Murdabad."

The appellants were charge-sheeted for this conduct of theirs.

2. Justice Goyal alighted from his car and went inside the visiting room of the rest house. He called the representatives of the Association. Some of them met him. They came out after the meeting. There were other demonstrators waiting for the result of the talks. After they came back, those who raised slogans disbursed. On 11 th August, 1980, the District Judge sent a letter to Shri G. S. Khurana, Chief Judicial Magistrate, Ferozepore, to hold preliminary enquiry into the demonstration by the Court officials in front of the Canal Rest House and the slogans raised there. Mr. Khurana recorded the statements of some officers on the same day and submitted his report on that very day itself. According to his report, the appellants had taken a prominent part in raising objectionable slogans in question. On the basis of this report, the District Judge, placed the appellants under suspension by his order dated 14-8-1980. On 12th August, 1980, the District Judge had intimated the High Court about the finding in the preliminary report and had sought guidance of the High Court. The appellants were supplied with the articles of the charges and statements of imputation, etc. They gave their replies. While admitting that they had taken part in the demonstration on the day in question they denied that they had taken a prominent part in the demonstration as leaders in raising objectionable and defamatory slogans against their superior officers. A formal enquiry was ordered against these appellants. Afte