Narinder Singh v. Shiromani Gurudwara Prabnandhak Committee
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of decision : 24.01.2023 Narinder Singh ....Petitioner
Versus
Shiromani Gurudwara Prabandhak Committee
...Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present :
Ms. Ritu Pathak, Advocate for the petitioner.
PANKAJ JAIN, J. (ORAL)
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!"#$%& : =5 "8. There should be no ambiguity in law on this subject. A departmental proceeding is different from a criminal proceeding. The fundamental difference between the two is that whereas in a departmental proceeding a delinquent employee can be held guilty on the basis of "preponderance of probabilities", in a criminal court the prosecution has to prove its case "beyond reasonable doubt". In short, the difference between the two proceedings would lie in the nature of evidence and the degree of its scrutiny. The two forums therefore run at different levels. For this reason, this Court has consistently held that merely because a person has been acquitted in a criminal trial, he cannot be ipso facto reinstated in service."
# Admittedly, the Gurdwara Committee is vested with the power of dismissal or degradation of its employee for his bad character, dishonesty, drinking or becoming a "Patit". As per the Rules governing the termination of services, the Committee served chargesheet upon the petitioner. He was asked to give clarification. Petitioner submitted response thereto. Inquiry was held by the Executive Committee as per the rules and the charges levelled against the petitioner were inquired into in presence of petitioner. Thus, this Court is of the considered opinion that the Committee well within its right has passed the impugned order dated 22nd of February, 2022. Consequently, finding no merit in the present writ petition the same is
ordered to be dismissed.
January 24, 2023 (PANKAJ JAIN) Dpr JUDGE Whether speaking/reasoned :
Yes/No Whether reportable :
Yes/No