AMRITSAR: In a setback to the Shiromani Gurdwara Parbandhak Committee (SGPC), the Punjab and Haryana high court has ordered reinstatement of three gurdwara body employees who were dismissed in 2020 over their alleged involvement in a case of 328 missing “saroops” of Guru Granth Sahib.
The HC said the SGPC did not follow rules while dismissing then assistant secretary Gurbachan Singh, clerk Baaz Singh and helper Dalbir Singh. The trio, who were among six employees terminated after being indicted in a probe report conducted on Akal Takht’s order, filed a petition in the HC challenging the decision taken during the tenure of then gurdwara body president Gobind Singh Longowal. On March 22, justice Harsimran Singh Sethi set aside their termination.
According to the inquiry report, 328 “saroops” were found less in the record of the SGPC publication house. As the SGPC failed to give details, the “saroops” were considered missing. The misappropriation continued for several years up to 2015, as per the inquiry report. The matter came to light on June 26, 2020, after the Punjab Human Rights Organisation (PHRO) wrote a letter in this regard to the Punjab government and Akal Takht.
“Doing away with the inquiry not only requires the power to do so but even where there is a rule for the said dispensation, the same cannot be at the ipse dixit of the authority concerned. In the case, no rule has been brought to the notice of this court, which gives the power to the disciplinary authority to do away with the inquiry proceedings. Moreover, when concededly a preliminary inquiry has been conducted by the respondents, it cannot be said that a regular inquiry cannot be conducted,” the judgment reads.
{{/usCountry}}“Doing away with the inquiry not only requires the power to do so but even where there is a rule for the said dispensation, the same cannot be at the ipse dixit of the authority concerned. In the case, no rule has been brought to the notice of this court, which gives the power to the disciplinary authority to do away with the inquiry proceedings. Moreover, when concededly a preliminary inquiry has been conducted by the respondents, it cannot be said that a regular inquiry cannot be conducted,” the judgment reads.
{{/usCountry}}“Rules were not followed in terminating the services of the petitioners. Hence, the orders are set aside,” it further reads.
The respondents will, however, be at a liberty to take action against the petitioners by following rules. The petitioners should be given an opportunity to defend themselves, the court observed.
The counsel representing the SGPC submitted that the employees should not be reinstated as they might interfere in the inquiry process. On this, the court said there are enough powers prescribed under the rules where a disciplinary authority can pass orders to avoid interference.
“It is a setback to the incumbent SGPC chief Harjinder Singh Dhami who was heading the panel constituted to take action against the employees. The order proves that SGPC officials are not following rules,” said advocate Sarabjit Singh Verka, who under the banner of the Punjab Human Rights Organisation (PHRO) exposed the misappropriation that led to the missing of holy “saroops”.
The trio went to the SGPC headquarters to rejoin the duty with the copy of the judgment on Friday and Saturday, but were not allowed. “The copy of the judgment has been sent to the SGPC’s Chandigarh office for review by a panel of its lawyers. Decision about the terminated employees will be taken only on the legal advice of the panel,” said Kulwinder Singh Ramdas, spokesperson of the gurdwara body.
SGPC president Harjinder Singh Dhami could not be contacted despite repeated attempts.