- (1.) The petitioner impugns the order Annexure P-4 by which his services have been terminated by resorting to the provisions of Articles 311(2)(b) and 311 (3) of the Constitution of India merely on the ground that F.I.R. No.11 dated 26.7.2013 stands registered against the petitioner.
(2.) The basis of the impugned order seems to be an alleged enquiry conducted by the Vigilance Bureau in the F.I.R. where the petitioner is stated to have admitted his mistake. The allegation against the petitioner in the F.I.R. is of having stolen government medicine from Civil Hospital, Rupnagar which retained in his house at Kurali. The translated version of the F.I.R. (Annexure P-2) is extracted here below :- "On 25.7.2013, the VB Ropar, District Ropar on receipt of secret information a joint checking team was constituted. S.P.Vigilance Bureau Ropar Smt.Renu Singh, S.M.O. Vigilance Bureau, Punjab, Chandigarh, Dr.Vijay Kumar Sharma, Chief Vigilance Officer, office of Health Department, Punjab, Chandigarh, Shri Sukhbir Chand Drug Inspector, Ludhiana and Amit Lakhanpal Drug Inspector Patiala and Shri Gulbahar Singh Assistant Engineer and Chief Agriculture Officer from the office of Deputy Commissioner, Ropar and Shri Paras Ram, Sub Inspector Agriculture Department were joined with the team as official witnesses. Under the supervision of this team, different teams of Police Station at the same time conducted raid with regard to sale of government medicine to the drug stores in an illegal manner. Out of the premises so raided no government drug was found from Ahuja Medical Store, Ropar, Kiranjit Nursing Hospital, Ropar, Bansal Medical Store, Chandigarh Road, Kurali, Aggarwal Medicos Singhpura Road, Kurali (the shop was closed) and Yamuna Devi wife of Tel Ram House No.226, Ward No.9, Kurali. During the checking about 300 pieces of government copper-T were recovered from Baweja Nursing Home, Preet Colony, Ropar regarding which Dr.Harinder Singh Baweja could not give any satisfactory answer. He stated that he is a Dental Surgeon and the work of Gynaecologist is being done by his wife Dr.Geeta Baweja and she must be knowing about these copper-T and at the moment she is not present in the hospital. After taking these copper-T into possession by Drug Inspector Amit Lakhanpal sealed the same with his stamp. Thereafter the record of the store of medicines of Civil Surgeon, Ropar was taken into possession. Many discrepancies were found in his record. During the checking a raid was conducted at residential House No.127 Krishna Mandi Vivekanand Kaur, Ward No.10 Kurali belonging to Prem Saran Bansal, where 16 kinds of the medicines were recovered, the list of which is attached with the report. Prem Saran Bansal could not produce any licence for these medicines. These medicines were also taken into possession by Shri Sukhbir Chand Drug Inspector, Ludhiana and were sealed. On the same very evening the informer gave information that Prem Saran Bansal has one another house in the outskirts of Kurali where he has constructed shops and flats and has thrown many boxes in front of the house in the bushes, which the D.S.P. along with police party got recovered the same. The list of the recovered articles is also attached. Today on 26.7.2013, Prem Saran Bansal Store Keeper office of Civil Surgeon, Ropar was called by the D.S.P. and made enquiry from him. Then he stated that a mistake has been committed by him and that he has stolen these medicines from Civil Hospital, Ropar and has kept the same in his house in the out skirts at Kurali for sale and when his house was searched he asked his son and a labourer to throw the same out of the house and they did so. During interrogation Prem Saran Bansal also admitted that for this work Rakesh Kumar son of Shri Hari Ram, who is Peon in the office of Civil Surgeon, Ropar is also associated with him. He used to steal government medicine from Civil Hospital and used to deliver the same at his house at Kurali and sometimes both of them used to steal the medicines from Civil Hospital and took them to Kurali. From the record of the above checking and the recovery effected from Prem Saran Bansal Store Keeper office of Civil Surgeon, Ropar and Rakesh Kumar Peon, office of Civil Surgeon, Ropar etc. a case under Section 13(1) C.D. read with 13(2) 88 of P.C. Act, 409, 420, 120-B I.P.C. 18(C) and 18(A) of Drugs and Cosmetics Act, 1950 is made out. So far as recovery of copper-T from Baweja Nursing Home is concerned, in this regard the roll of Dr.Geeta Baweja and others would be considered during the investigation of the case. Report is submitted. Attached 1. lists of medicines recovered 5 pages Sd/- Balbir Singh DSP, Police, Vigilance Bureau Unit Ropar Sukhbir Chand DI (Ldh-2). Amit Lakhanpal Insp. DI Patiala, Dy.S.P./Vigilance Bureau to register the case and investigation as per law. Satinder Singh SSP/VB.U."
(3.) This Court would however, not comment upon the allegation in the F.I.R., but would examine the issue as to whether the services of an employee could be terminated merely on the registration of an F.I.R. and by dispensing with the niceties of holding departmental proceedings.;