GIAN CHANDRA SHARMA Vs. STATE OF PUNJAB
LAWS(P&H)-1951-5-22
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 28,1951

Gian Chandra Sharma Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

Harnam Singh, J. - (1.) 'Pandit' Gian Chandra applies under Clauses 7 and 8 of the Letters Patent for admission as a Pleader.
(2.) 'Pandit' Gian Chandra was given the Pleader's license on 17 -07 -1936. On 21 -10 -1938, 'Pandit' Gian Chandra was dismissed under the Legal Practitioners Act, 1879, by a Division Bench of the Lahore High Court on the ground that in applying for the grant of the pleadership license he had concealed from the consideration of the High Court that he was discharged from Govt. service on 12 -12 -1933. In discharging 'Pandit' Gian Chandra from service the Registrar, Co -operative Societies, Punjab, said: Obviously these offences in the aggregate are extremely serious and show 'Pandit' Gian Chandra to be utterly unfitted for a position of trust and "responsibility; he has shown himself to be dishonest, unreliable, careless and indisciplined. The Deputy Registrar recommends his immediate dismissal. 'Pandit' Gian Chandra was appointed to the Department in 1927 and transferred to the Industrial side in 1931. He was due for confirmation in that year but his work was not of a standard to justify his being confirmed. There is, therefore, nothing in his past record to suggest special clemency. I agree with the Deputy Registrar that dismissal is the only fitting punishment. I, therefore, discharge 'Pandit' Gian Chandra with effect from the date of this order.
(3.) IN these proceedings the jurisdiction of the High Court to reinstate 'Pandit' Gian Chandra, who was dismissed, for misconduct is not disputed. Para 16, Chap. 6 -G, Vol. V of the Rules and Orders of the High Court provides: Any order of suspension or dismissal made or confirmed by the High Court, may, if sufficient cause appear, be reconsidered and cancelled or modified by the Bench which made the order: Provided that, if for any reason, any member of the Bench is unable to sit on the Bench for reconsideration of its order, the Chief Justice may nominate Anr. Judge in his place.;


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