- (1.) This petition seeks quashing of order dated 29.7.2003 passed by the Punjab State Schools Tribunal.
(2.) Case of the petitioner is that he was working as S.S. Master in respondent No. 4 School against an aided post. Services of the petitioner were dispensed with vide order dated 8.5.1994 after an enquiry on the seven charges which included the charge that on 29.3.1993, he misbehaved with two lady teachers in an intoxicated condition. The said order was approved by the Director, Public Instructions (Schools) under Section 4 of the Punjab Privately Managed Recognized Schools Employees (Security of Service) Act, 1979 (in short, the Act) on 11.11.1997 with the observations that as per Rule 14 of the Punjab Privately Managed Recognized Schools Employees (Security of Service) Rules, 1981 (in short, 'the Rules'), the petitioner will be treated to be on suspension and paid subsistence allowance. Operative part of the order is as under : "Approval of the Director of Public Instruction(s) is hereby accorded to dismiss/terminate the services of Sh. Bhupinder Singh, S.S. Master, S.G.A.D. Senior Secondary School (Burj Sahib) Dhariwal. But his intervening period, for which he had been ousted from service, shall be treated as suspension period and he shall be paid subsistence allowance as per provisions of Rule 14 of the Security of Service Rules, 1981."
(3.) The petitioner preferred an appeal which has been dismissed by the Tribunal on 29.7.2003. It was observed : "The learned counsel of Shri Bhupinder Singh Chahal, the appellant in this case, has not been able to deny the charges levelled against him that he used to come to school in drunkard condition. To suppert his arguments, the learned counsel for the respondent, Shri BPS Virk, produced the photograph of the appellant wherein Shri Chahal has been shown lying in undesirable position in the school premises. The learned counsel for the respondents further stated that the correct laid down procedure was followed in charge-sheeting Mr. Bhupinder Singh Chahal and regular enquiry was conducted by affording him adequate opportunity to defend his case. Through properly passed resolutions, the Managing Committee decided to terminate his services, an action which was approved by DPI(S) as such the appeal deserves to be dismissed. After hearing the arguments of both the learned counsel, I am of the view that personal conduct of Shri Bhupinder Singh Chahal was undesirable. He was repeatedly warned but he did not improve and was ultimately dismissed, I find no reasons to differ with the orders of DPI(S).";