Admission of guilt by delinquent employees may obviate the need for a regular inquiry.

JUDGMENT

Pankaj Jain, J. (Oral) - Present petitions have been filed invoking writ jurisdiction of this Court under Article 226/227 of Constitution of India, praying for a writ in the nature of Certiorari for setting aside order dated 29.07.2017 (Annexure P-3 & P4) whereby the services of petitioners have been terminated as punishment.

2. For convenience the facts are being taken from CWP No.27281 of 2017 titled as Kuldeep Singh Vs. Shiromani Gurudwara Parbhandak Committee.

3. The petitioner was working as Member of Security Force at Shri Darbar Sahib Shri Amritsar. On 21.07.2017 he was accused of having misused the premises of Gurudwara Sahib. The FIR pertaining to the incident registered at the behest of Manager Takhat Sri Damdama Sahib, Talwandi Sabo (Bathinda) reads as under :-

'A complaint moved by Gurdeep Singh Manager, Takhat Sri Damdama Sahib, Talwandi Sabo (Bathinda) is received. The contents of the same are that: Office of Takhat Sri Damdama Sahib (Guru Kashi) Talwandi Sabo (Bathinda), No. 535 dated 22.07.2017. SHO, Police Station Talwandi Sabo (Bathinda). Sir, it is requested that Bhai Pal Singh helper son of Sh. Gurmail Singh is performing his duties at Sri Guru Teg Bahadur Niwas of Takhat Sri Damdama Sahib Talwandi Sabo (Bathinda). On 21.07.2017 at 9.00 PM, I went for checking to Guru Teg Bahadur Niwas as usually but on checking, the room No. 312 was closed. I opened the same and in the room a girl who stated her name Lovepreet Kaur Sidhu daughter of Amarnath Singh, resident of Gali No. 58 Bhagu Road, Pargat Singh son of Veer Singh Dera Kar Sewa Bhuri Wala, Pal Singh Helper son of Sh. Gurmail Singh, Dharminder Singh member security force son of Ram Singh and Kuldeep Singh member security force son of Nazar Singh were found in objectionable condition. The girl told that Dharminder Singh and Kuldeep Singh Bathinda and Dharampal Singh son of Surjit Singh resident of Gali No. 58 Bhagu Road Bathinda had brought me for one night against an amount of Rs. 6000/-(Rupees six thousand only). The abovesaid persons, while doing the said act, harmed the feelings of Sikh religious. Appropriate legal action be taken against that persons."

4. On the basis of the aforesaid incident the impugned order dated 29.07.2017 was passed. Counsel for the petitioners while attacking the same submits that not only the impugned order has been passed in violation of procedural law laid down under the Rules framed under the Sikh Gurdwara Act, 1925 but is also result of hostile discrimination against the petitioner as the third person involved in the aforesaid incident namely Pal Singh working as Helper has been retained in the service.

5. Counsel for the petitioners submits that the petitioners were apprehended by the police on 22.07.2017 and were admitted to bail on 26.07.2017 and the impugned order has been passed within 3 days i.e. on 29.07.2017 in utter violation of the procedure as prescribed under the Rules and thus the same cannot be sustained. Reliance is being placed upon Mafatlal Narandas Barot Vs. J.D.Rathod, Divisional Controller, State Transport Mehsana and another, (1966) AIR (SC) 1364 and Diljit Singh Bedi Vs. Shiromani Gurudwara Prabhandhak Committee, Sri Amritsar (2011) AIR (SC) 1633.

6. Per contra learned counsel for the respondents submits that it is a case wherein the delinquent employees admitted their guilt by suffering the statements which have been placed on record as Annexures R-1 and R-2 and thus in light of such statements suffered by them there was no need to conduct an inquiry as contemplated under the Rules. He thus submits that no fault can be found with respect to non-compliance of the procedural Rules as pleaded by the petitioner. He further submits that on the statement of Pal Singh, apprehended as Annexure R-3, it is evident that the role of Pal Singh is not at par with that of the petitioners and thus so far as the parity as claimed by the petitioners is concerned, the same is also misconceived. In support of his conte