DILJIT SINGH BEDI Vs. SHIROMANI GURUDWARA PRABHANDHAK COMMITTEE, SRI AMRITSAR
LAWS(SC)-2011-5-113
SUPREME COURT OF INDIA
Decided on May 04,2011

DILJIT SINGH BEDI Appellant
VERSUS
Shiromani Gurudwara Prabhandhak Committee, Sri Amritsar Respondents

JUDGEMENT

A.K.Patnaik, J. - (1.) DELAY condoned in filing rejoinder affidavit.
(2.) LEAVE granted. This is an appeal against the order dated 03.04.2008 of the High Court of Punjab and Haryana dismissing the writ petition CWP No. 5587 of 2008 of the Appellant challenging his termination from service under the Shiromani Gurudwara Prabhandhak Committee (for short 'the SGPC').
(3.) THE relevant facts very briefly are that the Appellant was working as an Assistant Secretary of the SGPC at Amritsar when a news item was published in the local dailies in November 2007 with some photographs of the Appellant with a woman in embarrassing positions. The SGPC constituted a Sub -Committee to hold an inquiry against the Appellant and the Appellant was asked to appear before the Sub -Committee on 22.11.2007 at 10.00 A.M. in the Meeting House, Sri Guru Nanak Niwas, Sri Amritsar. The Appellant submitted his explanation that the photographs were that of himself and his wife and he did not know how someone has taken these from his bedroom. The Sub -Committee accepted the explanation of the Appellant and submitted an inquiry report dated 01.12.2007 recommending that the Appellant be reinstated in his post. On the basis of the inquiry report of the Sub -Committee, the Executive Committee of the SGPC in its meeting on 01.01.2008 resolved to reinstate the Appellant in service. On 04.01.2008, however, the Appellant submitted his resignation and the resignation was accepted by the President of the SGPC by order dated 04.01.2008. The Appellant then made a representation complaining that his resignation was obtained by coercion and misrepresentation and by order dated 28.02.2008 issued by the Secretary of the SGPC, the order dated 04.01.2008 of the President of the SGPC accepting the resignation of the Appellant was cancelled and the Appellant was relieved from service on the ground that the resolution of the Executive Committee adopted on 01.01.2008 to reinstate the Appellant in service was not confirmed by the Executive Committee in the meeting on 18.02.2008. Aggrieved by the order dated 28.02.2008 issued by the Secretary, SGPC, relieving the Appellant from service, the Appellant filed writ petition, CWP No. 5587 of 2008, before the High Court. By the impugned order dated 03.04.2008, the High Court dismissed the writ petition after holding that the Appellant had not only defamed the SGPC but also brought a bad name to the entire community and the order dated 28.02.2008 relieving the Appellant from service had been rightly passed.;


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