- (1.) This petitioner filed under Article 226 of the Constitution prays for quashing order dated 24.1.2005 (P-11), passed by the Punjab State Commission for Scheduled Castes and Scheduled Tribes-respondent No. 3 (for brevity, 'the Commission') and the subsequent order dated 28.3.2005 (P-12), passed by the Deputy Commissioner, Ludhiana-respondent No. 4.
(2.) The petitioner in the instant petition is the Managing Committee, Guru Hargobind Khalsa College, Gurusar Sadhar, District Ludhiana (to be referred as 'the College'). Shri Balwant Singh-respondent No. 6, who was an Ex-serviceman and served in the Indian Army for about 18 years, was appointed as a Clerk in the College on 27.5.1987. He was later on confirmed as such and re-designated as Senior Clerk. On 27.5.1997 he was placed in the selection grade and designated as Junior Assistant. In 1997, the College advertised one post of Officer-Superintendent Grade-II. Respondent No. 6 threatened the College that in case he was not appointed to the post of Officer-Superintendent Grade-II, he would commit suicide. Not only this, showing his intention to commit suicide he wrote a latter and an affidavit dated 22.7.1997 (P-2 and P-3 respectively). The matter was reported to the police on 22.7.1997 itself by the Principal of the College (P-3). Later on respondent No. 6 tendered written apology and an undertaking before the police (P-4 and P-5 respectively). Respondent No. 6 also filed CWP No. 2453 of 2000 in this Court challenging the selection and appointment Shri Bachittar Singh, who was selected and appointed as Officer-Superintendent Grade-II by the College, which stands admitted. During the pendency of the aforementioned writ petition, Shri Bachittar Singh retired from service and after obtaining permission from this Court the College again re-advertised the post of Officer-Superintendent Grade-II on 29.8.2001. Respondent No. 6 moved an application for staying the recruitment process, however, in the meantime, selection was made and Shri Chamkaur Singh was appointed as Officer Superintendent Grade-II. Respondent No. 6 amended the aforementioned writ petition to enable him to challenge the selection and appointment of Shri Chamkaur Singh.
(3.) Respondent No. 6 filed a complaint with the Director, National Commission for Scheduled Castes and Scheduled Tribes, Regional Office, Chandigarh, levelling allegations against the then Principal of the College, namely, Shri Manjit Singh Khattra that he had abused him by calling in the name of his caste. On the basis of the said complaint, an FIR No. 13, dated 25.2.2004, under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, was registered (P-6). However, the police after investigation filed a report that the allegations was false and no case was made out.;