'Toyed With Sentiments': P&H High Court Upholds Withholding Of SGPC Employees' Retrial Benefits Over Missing Saroops Of Guru Granth Sahib
The Punjab and Haryana High Court has dismissed a batch of writ petitions filed by former employees of the Shiromani Gurdwara Parbandhak Committee (SGPC) seeking release of retiral benefits, over missing Holy Saroops of Shri Guru Granth Sahib.Justice Harpreet Singh Brar held that while writ petitions against SGPC are maintainable, the petitioners were not entitled to relief as...
The Punjab and Haryana High Court has dismissed a batch of writ petitions filed by former employees of the Shiromani Gurdwara Parbandhak Committee (SGPC) seeking release of retiral benefits, over missing Holy Saroops of Shri Guru Granth Sahib.
Justice Harpreet Singh Brar held that while writ petitions against SGPC are maintainable, the petitioners were not entitled to relief as their suspension/termination followed a duly conducted inquiry in substantial compliance with the SGPC Service Rules and principles of natural justice.
"The petitioner served the respondent-SGPC Supervisor in the Publication Department, specifically in-charge of maintenance of the Holy Saroops. However, the petitioner has taken unfair advantage of his position by embezzling funds from unauthorized distribution of Holy Saroops of Shri Guru Granth Sahib, thereby toying with the sentiments of the community," said the Court.
The Court disposed of a batch of writ petitions arising out of a similar factual matrix.
The petitioner was appointed as a Sewadar with SGPC in 1982, later promoted to Clerk and then Assistant/Supervisor, and retired on 31.05.2020. Prior to his retirement, an audit of records relating to Holy Saroops of Shri Guru Granth Sahib in the publication department allegedly revealed a shortage of 328 Holy Saroops.
A Sub-Committee was constituted to inquire into the matter. Meanwhile, the petitioner's retiral benefits, including gratuity, provident fund and leave encashment, were withheld. Aggrieved, the petitioner approached the High Court seeking quashing of the speaking order dated 15.11.2021, by which SGPC decided to await the outcome of the inquiry, and sought release of retiral dues with 18% interest.
The petitioner contended that despite representations and a legal notice, his retiral benefits were not released.
No disciplinary proceedings were initiated before his retirement, nor was any chargesheet or show-cause notice served, he argued.
SGPC raised a preliminary objection on maintainability, arguing that though SGPC is a public authority, the relationship between SGPC and its employees is private in nature.
It was argued that the Service Rules are not statutory, as they do not flow from the Sikh Gurdwaras Act, 1925.
On merits, SGPC submitted that the petitioner, as Assistant Supervisor, was responsible for maintaining ledgers of Holy Saroops. A detailed inquiry found that Holy Saroops were unauthorisedly distributed without bills and without depositing the bheta.
After hearing the submissions, the Court rejected SGPC's objection on maintainability. Relying on Section 69 of the Sikh Gurdwaras Act, 1925, it held that the Executive Committee of SGPC has statutory power to determine conditions of service, including appointment, suspension and removal of employees.
Placing reliance on the Supreme Court judgments in Mewa Singh v. SGPC and Diljit Singh Bedi v. SGPC, the Court held that the SGPC Service Rules are statutory in nature, and therefore, writ petitions against SGPC are maintainable.
"The suspension/termination of the respective petitioner(s) cannot be set aside for want of strict compliance with the Service Rules when neither any prejudice has been caused to the delinquent employee nor have principles of natural justice been violated," it added.
In the light of the above, the plea was rejected.
Title: Kanwaljit Singh v. Shiromani Gurudwara Parbhandhak Committee
Mr. Arun Singla, Advocate for the petitioner in CWP- 1301-2022.
Mr. P.S. Guliani and Mr. B.S. Guliani, Advocates for petitioner(s) in CWP-4242-2023 and 32379-2025.
Mr. Prateek Sodhi, Advocate for petitioner(s) in CWP- 2261, 15262 and 11503 of 2022.
Ms. Vanita Sapra Kataria, Advocate
for petitioner(s) in CWP-4924-2011 & CWP-4991-2023, CWP- 2952-2021 and 17734-2020.
Mr. D.S Patwalia, Sr. Advocate with Mr. Tajeshwar Singh, Dr. Puneet Kaur Sekhon, Sullar Mr. M.S. Virk, Mr. Mrigank Sharma and Mr. Sehaj Navjeet Singh Advocate for respondent(s)-SGPC in CWP-17734-2020, 2952-2021, 1301- 2022, 2261-2022, 4991-2023, 11503, 15262-2022, 4327-2023 & 6725-2023.