Prem Chand Jain, J. - (1.) Market Committee, Batala, through Jagir Singh, Chairman of the Committee, has filed this petition under Art. 226 of the Constitution of India for the issuance of an appropriate Writ, Order or direction quashing the order of respondent No. 1, directing Punjab State Agricultural Marketing Board, respondent No 2, to reinstate respondent No. 3 and to pay him the arrears of his salary from the date of his dismissal to the date of his alleged re-instatement. The facts as given in the petition may be briefly be stated thus
(2.) Respondent No 3 was appointed as Secretary of the petitioner-committee in 1947. There were certain complaints of corruption, abuse of his official position, inefficiency, neglect of duty and immoral behaviour against him. These complaints were enquired into by the Anti-Corruption Department of the Punjab Government. The Deputy Commissioner, Gurdaspur, ordered the petitioner-committee to dismiss respondent No. 3 from service as the complaints made against him were found to be correct. The petitioner-committee obeyed the directions of the Deputy Commissioner and dismissed respondent No. 3 from its service vide resolution No. 13, dated April 11,1959, and appointed another person at his place (copy of the order of the Deputy Commissioner and the report of the Inquiry Officer is attached with the petition as Annexures 'B' and 'C'). Feeling aggrieved from the order of dismissal, respondent No. 3 filed an appeal but the same was dismissed by the Commissioner, Jullundur Division, Jullundur (Copy of the order is attached with the petition as Annexure 'D'). Still dissatisfied, respondent No. 3, filed a revision which was allowed in this manner that respondent No 3 was a lowed to resign without claiming payment of any arrears of salary or any other dues as is evident from the copy of the letter addressed to the Chairman, Market Committee Batala (Annexure 'E' to the petition)
(3.) It is fur her stated in the petition that taking advantage of the order of the revisional authority respondent No. 3 managed to secure a job of the Executive Officer, Municipal Committee, Rupar, on Jan. 16, 1962. However, Municipal Committee, Rupar too, could no, pull on with respondent No. 3 and accordingly passed a resolution No 1, dated March 15, 1964, removing him from the service (copy of the resolution is attached with the petition as Annexure 'F' ). Feeling aggrieved from this order of removal, respondent No. 3 filed a petition (Civil Writ No. 692 of 1964) but time same was dismissed. Letters Patent Appeal against the decision in Civil Writ was dismissed in limine.;