BALDEV SINGH AND OTHERS Vs. STATE OF PUNJAB AND ANOTHER
LAWS(P&H)-2012-8-130
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 03,2012

Baldev Singh and Others Appellant
VERSUS
State of Punjab and Another Respondents

JUDGEMENT

- (1.) The petitioner has impugned in terms of filing the present writ petition the order dated 17.7.2008 (Annexure P-5), whereby his services have been dispensed with. Further challenge is to the order dated 8.12.2011 (Annexure P-9), wherein his request for reinstatement in service has been declined.
(2.) The petitioner along with others was appointed on the post of Panchayat Secretary in the Department of Rural Development & Panchayats, State of Punjab on 12.10.2001. Vide decision dated 10.12.2002 the State Govt. ordered the annulment of the entire selection process of the Panchayat Secretaries held during the period 1996-2001. Consequently, the appointment of the petitioner along with identically situated Panchayat Secretaries was cancelled. Thereafter, vide appointment letter dated 19.2.2004 (Annexure P-3) the petitioner was again appointed as Panchayat Secretary on contract basis taking into consideration his past experience.
(3.) While working on the post of Panchayat Secretary an FIR No.19 dated 13.6.2007 was registered against the petitioner under Sections 7, 13 sub clause 2 of the Prevention of Corruption Act, 1988 and the same was got registered by the Punjab Vigilance Bureau, Jallandhar. On the basis of such registration of the FIR, wherein the allegation was that the petitioner had been caught red handed while taking Rs.4,000/- as bribe from Sh. Gian Singh, Sarpanch, that the impugned order dated 8.5.2008 was passed by the Director, Rural Development & Panchayats, State of Punjab dispensing with the services of the petitioner. The petitioner was acquitted in the aforementioned corruption case in terms of decision dated 3.8.2011 passed by the Special Judge, Hoshiarpur. Immediately upon acquittal the petitioner represented to the respondent-department seeking reinstatement but such request has been declined vide impugned order dated 8.12.2011(Annexure P-9). Resultantly, the present writ petition.;


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