- (1.) The petitioner was appointed as Electrician in the Municipal Committee, Gobindgarh in the year 1981 and confirmed on the said post on 27.10.1983 w.e.f. 1.10.1983 vide orders Annexure P/1.
(2.) The petitioner has invoked the jurisdiction of this Court under Articles 226/227 of the Constitution of India for quashing resolution No.31 dated 1.3.1994 of the Municipal Committee vide which he was dismissed from service. The order of dismissal is based on the report of inquiry held into the allegations of misconduct against the petitioner in respect of occurrence dated 9.2.1993. The following were the articles of charges against the petitioner : (i) That he entered the office of the Executive Officer, Municipal Committee, Gobindgarh on 9.2,1993 at 4.50 pm and misbehaved with the Executive Officer saying that he would file false complaints and institute false cases against the Executive Officer; and (ii) that the petitioner threatened to kill the Executive Officer of the Municipal Committee. The petitioner was the General Secretary of the Employees Union at the relevant time.
(3.) From the document Annexure P/9 dated 26.7.1993 attached with the petition, it is apparent that the charge sheet was served along with the statement of imputations of misconduct and misbehaviour. It was issued in compliance with resolution No.242 dated 11.6.1993 under Punjab Municipal Act,1911 and Punjab Civil Services ( Punishment and Appeal) Rule,1970 read with Rule 5(8) contemplating disciplinary proceedings for imposition of major punishment. Along with the charge sheet the list of witnesses and the list of documents on which the charges were proposed to be proved were also attached.;