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2019 Supreme(P&H) 293

JASWANT SINGH
MADAN LAL – Appellant
Versus
STATE OF PUNJAB – Respondent


Advocates Appeared:
K.L. Arora, Adv., Sudeepti Sharma, Adv., Kavita Arora, Adv.

JUDGMENT :

Jaswant Singh, J.

This petition has been preferred by the petitioner to challenge the direction dated 02.08.2017 (Annexure P-5) passed by the Directorate, Local Government Department, Punjab, and the Impugned Order / Resolution dated 04.09.2017 (Annexure P-6) passed by Respondent No. 2, i.e., Municipal Committee, Rajpura, whereby the petitioner has been "Dismissed from Service" upon his conviction in a case pertaining to the offence punishable under the Prevention of Corruption Act, 1988. The reliance has been placed upon a Division Bench decision dated 23.05.2007 (Annexure P-7) of this Court in case Kaur Singh and another Versus Punjab State Electricity Board and others reported in, (2007) 4 SCT 426. The decision of the High Court is set to have followed the judgment in Tulsi Ram Patel's case delivered by the Constitution Bench of the Hon'ble Supreme Court.

2. The factual matrix of the case in brief are that the petitioner joined the services of Municipal Committee as Class-IV Employee / Peon on 20.07.1990 and continued to perform his duties diligently, and was later on promoted to the post of Clerk on 14.11.2006. It was on 10.08.2012 when a case FIR No. 12, under Sections


































































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