NDLI: Diljit Singh Bedi Vs. Shiromani Gurudwara Prabhandhak Committee, Sri Amritsar

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1925: s.69 Sikh Gurudwaras Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Sikh Gurudwaras Act (0 of 1925)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Sikh Gurudwaras Act, 1925: s.69 - Termination of an employee of respondent-SGPC - Validity of - In a local newspaper some photographs of the employee appeared with a woman in embarrassing position - Inquiry conductedagainst him by Sub-committee constituted by SGPC - Explanation tendered by employee that the woman in photographs was his wife and someone took those photograph from his bedroom - Explanation accepted by Sub-committee and it recommended reinstatement - Executive Committee of SGPC resolved to reinstate him - However, employee submitted his resignation which was accepted by President of SGPC - Thereafter employee made representation that resignation was obtained from him by coercion and misrepresentation - Secretary of SGPC relieved the employee from service on the ground that resolution to reinstate the employee in service was not confirmed by the Executive Committee - Writ petition by employee dismissed by High Court on the ground that the employee brought bad name to the entire community and defamed SGPC - On appeal, held: Only the Executive Committee of the SGPC has the statutory power u/s. 69 to remove any employee of the SGPC - Acceptance of the resignation of the employee by the President of the SGPC was, therefore, of no legal consequence - Employee was terminated from service by way of punishment for a/legations of misconduct - Hence, it was not a case of termination simpliciter but a dismissal for misconduct - Executive Committee of the SGPC can terminate the services of any employee for misconduct, only when such misconduct is established in an inquiry - The inquiry report showed that the Sub-Committee had accepted he explanation of the employee - Thus, without a finding in an inquiry that the employee was guilty of conduct which had defamed the SGPC, the High Court could not have taken a view that the employee brought a bad name to the SGPC - The order issued by the Secretary of the SGPC terminating the services of the appellant is, therefore, not legally valid and is quashed - Employee reinstate·d in service, without any back wages in view of fact that he had offered to resign - Service law - Dismissal from service.
Judge	Hon'ble Mr. Justice A.K. Patnaik
Neutral Citation	2011 INSC 350
Petitioner	Diljit Singh Bedi
Respondent	Shiromani Gurudwara Prabhandhak Committee, Sri Amritsar
SCR	[2011] 5 S.C.R. 1048
Judgement Date	2011-05-03
Case Number	3848

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