RUPINDER KAUR Vs. SECRETARY TO GOVERNMENT, PUNJAB, DEVELOPMENT DEPARTMENT, AGRICULTURE. CHANDIGARH AND OTHERS
LAWS(P&H)-1980-2-95
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 18,1980

RUPINDER KAUR Appellant
VERSUS
Secretary To Government, Punjab, Development Department, Agriculture. Chandigarh And Others Respondents

JUDGEMENT

D.S.TIWATIA, I.S.TIWANA, JJ. - (1.) The services of the petitioner. Smt Rupinder Kaur, appointed as a Steno-typist on ad hoc heals at Sangrur on 1-2-1972, vide appointment biter Annexure P. I were terminated by respondent No. 4, vide order Annexure P. 3 on 2-8-1976, which is in the following terms: "On account of filling up the posts of Steno-typists on regular basis, services of Smt. Rupinder Kaur Steno-typist are hereby terminated from today i.e. 2nd August, 1976 (A.N) and she is hereby directed to hard over her charge to Smt. Sukhjinder Kaur, Steno-typist. The order will come into force immediately." The petitioner has impugned this order on two grounds (1) that it had been passed by respondent No. 4 Shri Mewa Singh Sunar, Chief Agricultural Officer (Under suspension) for mall file reasons, and (2) that the order was arbitrary.
(2.) Before dealing with the paints raised, relevant facts having bearing an the contentious raised on behalf of the petitioner deserve to be recapitulated first.
(3.) In the very office, Sarvshri Jaswant Singh and Krishan Chand bagga Steno-typists were similarly employed on ad hoc basis as was the Chief Agricultural officer, Sangrur. On 14-6-1976, the petitioner lodged a complaint. Annexure P 2 against the misbehaviour of respondent No. 4 towards her, in which she detailed the following three instances of his misbehaviour :- "(a) On November 4/5, 1975, (the Chief Agricultural Officer) called me for dictation in his office room and I sat on the chair for dictation in his room but he did at dictate me anything, besides he congratulated me on account of the Diwali festival and I felt no particular reason for his congratulations for the said festival. Yet I thanked him After this, he said 'Please give me a sweet kiss'. On hearing these such bad words of Sari Mewa Singh Sunar, I felt some nervous and t immediately came out of his room. This gave me a great pain to my heart. (b) in November, 1915, a tour programme of Shri Jagjiwan Ram, Union Agricultural Minister was proposed for Sangrur. On this plea, Shri Mewa Singh Sunar asked me through the Head Clerk to visit his residence at night for taking dictation, but the Head Clerk did not allow me to do so, rather he (Arjan Singh Head Clerk) requested the Chief Agricultural Officer to get this job by his another Stenographer as there are three more male steno-typists working under you. Because Shri Arjan Singh, Head Clerk was knowing about the alone living of Shri Mewa Singh Sunar, at his residence and he wanted to play foul with my life on the pretext of Minister's programme. Thus the Head Clerk saved me from the happening of that very tragedy. (c) In the beginning of January, 1976, Shri Mews Singh Sunar, Chief Agricultural Officer, again called me for dictation in his room and he said to me that I should know about my services that I am working on 6 months' basis. 'Your services are in my hand', said Mr. Mewa Singh Sunar, 'I can terminate your service, at any time'. If you want to save your services. then hand shake with me, give me your hand' Shri Mewa Singh Sunar further asked. I had shown my inability to do such a thing and I did not allow him to hand shake with me. I came out of his room saying 'Sorry' for this bad intention of the said officer. Having sees such bad incidents. I am feeling a groat pain to my life and to my service. At that time, I could not do anything except weeping by other members of our staff silently and I narrated this happening to the Head Clerk. On hearing this, the Head Clerk also felt a great pain, but he remained mum. However, be encouraged me to face these bad type of actions boldly.";


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