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Inquiry Not Required Once Delinquent Employee Admits Misconduct, Cannot Claim Violation Of Natural Justice: Punjab & Haryana High Court
Rahul Garg
13 Feb 2023 1:30 PM GMT
The Punjab and Haryana High Court, while disposing of two writ petitions filed by terminated employees of the Shiromani Gurudwara Parbhandhak Committee, has ruled that once an employee admits to his misconduct or guilt, such employee cannot invoke the non-observance of principles of natural justice or absence of an inquiry at a later stage. The single bench of Justice...
The Punjab and Haryana High Court, while disposing of two writ petitions filed by terminated employees of the Shiromani Gurudwara Parbhandhak Committee, has ruled that once an employee admits to his misconduct or guilt, such employee cannot invoke the non-observance of principles of natural justice or absence of an inquiry at a later stage.
The single bench of Justice Pankaj Jain said:
“To say that despite the petitioners having admitted their misconduct in the aforesaid terms, still the inquiry was required to be held cannot be accepted. Once the delinquent employee admits his guilt, he cannot be allowed to turn back and plead violation of principles of natural justice.”
The matter reached the High Court when the petitioners prayed for the issuance of a writ in the nature of certiorari setting aside the order dated 29.07.2017 passed by SGPC terminating their services.
The order was passed subsequent to an FIR which was registered against the petitioners.
As per the FIR, the petitioners were found with a girl in an objectionable condition in one of the rooms of the Takhat Sri Damdama Sahib Talwandi Sabo Gurdwara, Bathinda. It was later discovered that the petitioners had allegedly paid Rs. 6,000 with the intention of spending a night with her in the Gurdwara, which as per the FIR, harmed the feelings of the Sikh religion.
Before the High Court, the petitioners submitted that the impugned order was passed in violation of procedural law laid down under the Rules framed under the Sikh Gurdwara Act, 1925. It was submitted that the petitioners were apprehended by the police on 22.07.2017 and were admitted to bail on 26.07.2017. The impugned order was, however, passed within 3 days i.e. on 29.07.2017, which was in utter violation of the procedure.
The SGPC, on the other hand, had argued that since the delinquent employees had already admitted their guilt through their statements, there was no need to conduct an inquiry as contemplated under the Rules.
The High Court, by placing reliance on the Punjab and Haryana High Court decision in Dayal Singh v. SGPC, CWP No. 5655 of 1999 ruled in favour of the SGPC.
Case Titles: Kuldeep Singh v. Shiromani Gurudwara Parbhandhak Committee; Dharminder Singh v. Shiromani Gurudwara Parbhandhak Committee
Case No: CWP No. 27281 of 2017 (O&M); CWP No. 27282 of 2017 (O&M)
Citation: 2023 LiveLaw (PH) 25
Coram: Justice Pankaj Jain
Click Here To Read/Download the Order
