Liquor consumption charge: HC orders reinstatement of two SGPC employees

The duo, both sewadars, Dilbag Singh and Harmeet Singh were terminated from service on July 31, 2017. Allegations were that they were found to be sitting in ‘ahata’ (tavern) where half-filled glasses and a half-filled bottle were found on the table

CHANDIGARH: The Punjab and Haryana high court has ordered reinstatement of two employees of the Shiromani Gurdwara Prabandhak Committee (SGPC) terminated from the service in 2017 on allegations of consumption of liquor.

The Punjab and Haryana high court has ordered reinstatement of two employees of the Shiromani Gurdwara Prabandhak Committee (SGPC) terminated from the service in 2017 on allegations of consumption of liquor.

The duo, both sewadars, Dilbag Singh and Harmeet Singh were terminated from service on July 31, 2017. Allegations were that they were found to be sitting in ‘ahata’ (tavern) where half-filled glasses and a half-filled bottle were found on the table.

Following the termination order, they had approached high court stating that they were regular employees and had rendered several years of service. They have been terminated without holding an enquiry or following the procedure as laid down in service Rules governing the SGPC employees. The punishment of dismissal is grossly disproportionate to the alleged misconduct as the petitioners are stated to have been present in ‘ahata’ (Tavern) and it was not established that they had actually consumed alcohol. No medical examination had been conducted, it was argued.

The SGPC in its argument had stated that that there were serious allegations against the petitioners as consumption of alcohol is strictly prohibited amongst the SGPC employees. This kind of misconduct cannot be tolerated, therefore, the petitioners were terminated from service, it had argued.

The high court bench of justice Anupinder Singh Grewal observed that as per the rule 4 of service rules governing the SGPC employee for the dismissal orders, charges have to be framed and the employee has to be given adequate opportunity to respond. If he denies the charges, a regular enquiry has to be conducted, it asserted adding that the petitioners who are regular employees having rendered several years of service have been dismissed without holding a regular inquiry. Their dismissal is, therefore, in violation of the service rules, it ruled.

The court has now set aside termination orders and ruled that the petitioners be reinstated in service. They would be entitled to the notional benefits with continuity in service. However, the SGPC would be at liberty to conduct a regular inquiry, it added.