Court : Punjab and Haryana
Reported in : AIR1956P& H58
Bhandari, C.J.1. The principal point for decision, which has been somewhat obscured by the raising of a number of subsidiary issues, is whether the petitioner was denied the constitutional privilege of being heard before the order of dismissal was passed.2. The petitioner in this case is one Sardar Kapur Singh who until lately was a member of the Indian Civil Service and employed as a Deputy Commissioner in the Punjab in a substantive permanent capacity. He was placed under suspension on 13-4-1949 and a written statement of charges was handed over to him in due course. Weston J. the then Chief Justice of this Court was requested to hold an inquiry under the Public Servants (Inquiries) Act, 1850, on 18-5-1950 and he submitted his report on 14-5-1951.He found that the petitioner had misappropriated a sum of Rs. 16,000/- and that he had knowingly permitted a certain contractor to cheat Government to the extent of Rs. 30,000/-. A copy of this report was supplied to the petitioner on 11-2-1...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1988P& H1
D.S. Tewatta, J.1. Petitioner Shri J. K. Dhir, who at the relevant time happened to be Superintending Engineer, Sutlej Yamuna Link Canal Project (for short 'SYL Canal Project'), petitioner Shri A. K. Ummat, who at the relevant time happened to be Chief Engineer (Co-ordination) of the SYL Canal Project and petitioner Shri D. P. Singla, who retired as Superintending Engineer, Public Works Department (Irrigation Branch) on 30th April, 1986, and at the relevant time was associated with 'SYL Canal Project' asExecutive Engineer and was later on (on being promoted on 9th June, 1982),as Superintending Engineer (Administration) Accounts SYL Canal Project at Chandigarh, have through separate writ petitions (C. W:P. No. 6298 of 1986, C.W.P. No. 6558 of 1986 and C.W.P. No. 6308 of 1986, respectively) have impugned the validity of the initiation of the departmental inquiry and. its continuation at the instance of the Vigilance Department of the Punjab Government on the ground of its incompetency an...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H1
ORDER1. This rule is obtained by the petitioner against an order of dismissal passed against him by the Punjab Government dated 25-8-1053 (Annexure 'Q' attached to the petition).2. The petitioner was a temporary Engineer, in the Irrigation Department and he was called upon to show cause why he should not be dismissed from the service for having secured his appointment fraudulently by making a wrong statement in his application dated 9-9-1946 in which he stated that he had passed the examination of A. M. I. Mech. E. which as a matter of fact he had not passed. On 6-12-1950 the petitioner was charge-sheeted and in the statement of reasons relating to Charge No. 1 it was stated: 'In your application (or the post of a Temporary Engineer (Mechanical) in the P. W. D., Irrigation Branch, dated 9-9-46 under item No. 21 which reads as follows:'Give particulars of all Examinations passed and degrees and technical qualifications obtained at the University or other places of higher education or in...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1955P& H03
ORDERKapur, J. 1. This is a rule obtained by Fyara Singh Mulla, who was at one time a Senior Clerk in the Punjab Civil Secretariat, for a writ of 'certiorari' and for a mandamus to quash the orders of the Punjab Government dismissing the petitioner and tor a direction to reinstate the petitioner.2. Pyara Singh Mulla was appointed a Senior Clerk on 5-10-1948 and on 30-7-1952 he was suspended by an order of Mr. Nawab Singh Chief Secretary of the Punjab Government and on the same day he was given a charge-sheet to put in his defence in regard to two matters -- (1) that he shouted at the Chief Secretary saying that he did not care for him, and (2) abused him filthily in public outside the Secretariat merely because he had been pulled up by the Chief Secretary for making a speech. Mr. Gian Singh Kahlon, the Home Secretary, was appointed the officer tit make the necessary enquiry under the rules.3. In support of one of the charges one Amar Chand, an Assistant Secretary in the Secretariat, an...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H173
Kapur, J.1. In these two cases (Civil Miscellaneous No. 194-C of 1935 and Supreme Court Appeal No. 2 of 1956) certain questions of law have been referred to a Full Bench by two different Division Benches. In Civil Miscellaneous No. 194-C of 1955 the following question has been referred--'When the High Court refuses to issue a writ under Article 226 of the Constitution, does the order of the High Court amount to a judgment or a final order within the meaning of Article 133 of the Constitution and does an appeal lie to the Supreme Court under Article 133(1)(a) or 133(1)(b) provided the subject-matter of the appeal is worth Rs. 20,000/- or more?'In the Supreme Court Appeal No. 2 of 1956 the two questions which have been referred are--(1) Whether an order passed by this Court de-clining to issue a writ under Article 226 of the Constitution can be regarded as a judgment, decree or final order within the, meaning of Article 133? and(2) Whether the proceeding in which such an order is passed ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1951CriLJ950
Falshaw, J1. Lala Jagat Narain has been called on. as Editor, Printer & Publisher of an Urdu daily newspaper published at Jullundur called 'The Hind Samachar' to show cause why he should not be punished Under Section 3, Contempt of Courts Act, of 1926 with regard to a leading article which -appeared over his name in the issue of the paper dated 12-3-19.2. The petnr. in the case is Sardar Kapur Singh, I. C. S. against whom an inquiry has been in progress for several months under the Public Servants Innquiries Act XXXVII (37) of 1850. It so happens that the person who has been appointed by the Govt. as the Comr. under the Act to hold this inquiry is my Lord the Chief Justice of this Ct. The passage in the article in Question which is complained against by Sardar Kapur Singh has been translated in the petn. as follows: 'I have to ask one straight question from Doctor Bhargava, Can he point out any Dept. from which work can be taken without bribery? Is he not aware that, when he was opposi...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H141; 1958CriLJ673
A.N. Bhandari, C.J.1. By this petition under Section 3 of the Contempt of Courts Act, the petitioner prays that S. Par-tap Singh Kairon, Chief Minister, Punjab, should be committed for contempt of court for interfering with a judicial enquiry pending before a Magistrate of the 1st class at Karnal.2. The petitioner is one Piara Singh, a resident of the Karnal district. He states that on 7-7-1957 a brutal murder was committed in village Rukhsana of the Karnal district in which Hazara Singh and Piara Singh sons of one Kirpa Singh were among the culprits. As this murder was one in a chain of murders committed by the gang of Hazara Singh in the Karnal district, the authorities concerned were deeply perturbed and had warrants of arrest issued against the culprits on 12-7-1957. While the police were looking for the perpetrators of the crime in all likely places the badmashes who are known to the Chief Minister went and took shelter under his roof. On 14-7-1957 Shri Asa Singh, Secretary to the...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H27; 1958CriLJ94
Bishan Narain, J. This is a petition under Article 226 of the Constitution of India for an order or direction in the nature of a writ of certiorari or of mandamus quashing the order of the Inquiry Officer whereby he rejected the petitioner's application requiring the respondent to make available to the petitioner copies of statements made by persons (who are scheduled to be examined during the inquiry) in the course of investigation against the petitioner for offences under Section 5 (2), Prevention of Corruption Act, 1947 and under Sections 161 and 109, Penal Code. 2. The petitioner was recruited in the Punjab Service of Engineers in 1924 and was confirmed in that service in 1925. He was appointed as Superintending Engineer, Nirwana Circle, Ambala, in 1951, and in 1954 he was posted in Bhakra Dam Circle, Nangal. In April 1955 he was promoted as Director of Central Designs, Simla. When the petitioner was about to join this new post he was arrested on the 24th of April, 1955, for offenc...
Tag this Judgment!Court : Punjab and Haryana
CRM M-4021 of 2010 [1]. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CRM M-4021 of 2010 (O&M) Date of Decision: May 21, 2013 Mohit Sharma ..Petitioner Vs. UT of Chandigarh and others ..Respondents CORAM: HONBLE MR. JUSTICE M.M.S. BEDI. -.- Present:- None for the petitioner. Mr. Rajiv Sharma, Advocate for UT. -.- M.M.S. BEDI, J.(ORAL) Apprehending threat to his life and liberty, the petitioner had filed this petition under Section 482 Cr.P.C. for issuance of a direction to the police authorities of UT Chandigarh to protect him as he had been threatened and pressurized by agents of his landlady to get her house vacated. The petitioner claimed that he was pressurized by the police by calling him daily to the police station in false complaints. He had also obtained an order of interim injunction from the Civil Court. As per the averments in the CRM M-4021 of 2010 [2]. petition, on September 26, 2009, when the petitioner returned to his tenanted house in Sector 11, Chandigarh, two...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2009)156PLR415
Hemant Gupta, J.1. The petitioner has invoked the jurisdiction of this Court for quashing of FIR No. 107 dated 9.9.2007 under Section 188 of the Indian Penal Code, Police Station Lehra under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code') and by claiming a writ of Certiorari under Article 226 of the Constitution of India.2. The petitioner alleges himself to be a social worker and General Secretary of 'Volunteers for Social Justice', which is a Non Governmental Organization. The petitioner alleges himself to be Chairperson of the Dalit Dasta Virodhi Andolan, a programme run by the organization. The petitioner alleges that 88 Padyatri were arrested by the police belonging to down trodden class of the society and by violating the fundamental rights of such persons. It is pleaded that a 'Awareness Pad Yatra' was started in the entire State of Punjab. The intimation of the said Pad Yatra was given to the Deputy Commissioners, Senior Superintendents of Police and a...
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