- (1.) The petitioner in this petition under Articles 226/227 of the Constitution of India, seeks quashing of the order dated 22.2.2006 (Annexure P2) passed by the Executive Officer, Municipal Council, Ferozepur (respondent No. 3) whereby the petitioner had been suspended from service.
(2.) The petitioner is working as Tractor Driver with the Municipal Council, Ferozepur City (respondent No. 2) (Municipal Council - for short). His services were regularized on 11.7.1997. The post of driver on which the petitioner is working, is a non-provincialised post and the power to take disciplinary action for any non-provincialised post is with the Municipal Council, in terms of Section 39 of the Punjab Municipal Act, 1911 (Act - for short). However, during the course of his service, the petitioner has been suspended by the Executive Officer of the Municipal Council, which, it is alleged, he has no power to do so.
(3.) Reply has been filed by the Executive Officer, Municipal Council, Ferozepur (respondent No. 3) on behalf of respondents-2 and 3. It is stated that on 21.2.2006, the petitioner was posted on the Mallowal road, Ferozepur, which was checked by the Executive Officer along with the Accountant of the Municipal Council. On checking, it was found that the petitioner was holding receipt book (0-4 Book) in addition to the running 0-4 Book with Ashok Kumar, Clerk at the Octroi Post. The 0-4 Book which was in the hand of the petitioner, was taken by the Accountant, Municipal Council, who was accompanying the Executive Officer. However, the petitioner along with 15-20 persons who were standing there, forcibly snatched the said Book from the Accountant. Accordingly, the order of suspension (Annexure P2) was passed suspending the petitioner from service.;