SABINA, J. - (1.) PETITIONER has filed this petition challenging the order dated 05.12.2008 (Annexure P -13) whereby his services were terminated and Resolution No.90 dated 10.04.2012 (Annexure P -16) whereby appeal filed by the petitioner, was dismissed.
(2.) THE case of the petitioner, in brief, is that he was working as a Tabla Player on daily wage basis w.e.f. 03.05.1990 with respondent No.1 at Gurudwara Guru Nanak Darbar, District Hapur (U.P.) Thereafter, petitioner served at various places and was transferred to Takhat Sri Damdama Sahib Talwandi Sabo (Bathinda) vide order dated 01.12.1992. Services of the petitioner were regularized vide order dated 31.10.1997 and since then, petitioner was posted at Gurdwara Tohba Bhai Salo Ji, Amritsar. Petitioner had been performing his duties most diligently but was involved in a false case at the instance of Bhai Lakhwinder Singh. False allegation was levelled against the petitioner that he was found sharing room with Manjit Kaur, although, she was not his legally -wedded wife. Learned counsel for the petitioner has submitted that the allegations levelled against the petitioner were not correct. Petitioner had been dismissed from service on assumptions. Petitioner had not been afforded full opportunity to defend himself. Petitioner had gone to Sri Gurudwara Sahib in question to pay obeisance along with the lady who was taking music classes from him. Learned counsel for the respondent, on the other hand, has submitted that on 12.03.2008 at about 12.00 p.m., petitioner had brought one lady with him to Mata Ganga Niwas at Gurdwara Beer Baba Budha Ji, Thathha. Petitioner requested Lakhwinder Singh, Sewadar for a room to rest for two/three hours and claimed that the lady accompanying him was his wife. However, it transpired that the lady who was accompanying the petitioner was not his wife. Thereafter, petitioner admitted that Manjit Kaur accompanying him was not his wife but used to take music lessons from him and they had merely come to pay obeisance to Sri Gurdwara Sahib. After the inquiry petitioner was suspended and a charge -sheet was issued on 27.09.2008. Petitioner appeared before the inquiry sub -committee. Petitioner was held guilty by the inquiry sub -committee and on the basis of the same, termination order was passed. Appeal filed by the petitioner against the said order, was dismissed.
(3.) IN the present case, the fact that the petitioner was working as a Tabla Player with respondent No.1 is not in dispute. Annexure P -1 is the statement signed by the petitioner as well as Manjit Kaur. A perusal of the same reveals that the petitioner and Manjit Kaur had gone to visit Gurdwara Sahib and had rested in Room No.27. From there, they were to go to Taran Sahib. Petitioner was not related to Manjit Kaur and she was learning music from him. Manjit Kaur was living in Dashmesh Nagar and was wife of Rajinder Singh Gill.;