The Punjab and Haryana High Court in the case Kuldeep Singh v. Shiromani Gurudwara Parbhandhak Committee; Dharminder Singh v. Shiromani Gurudwara Parbhandhak Committee observed wherein the court disposed of two writ pleas which are filed by terminated employees of the Shiromani Gurudwara Parbhandhak Committee, the court has ruled that once an employee admits to his misconduct or guilt, such king of employees cannot invoke the non-observance of principles of natural justice or absence of an inquiry at a later stage.
The Single bench headed by Justice Pankaj Jain stated that despite the petitioner who has admitted their misconduct in the aforesaid terms, still the court required the inquiry to be held which cannot be accepted. Therefore, once the delinquent employee admits the guilt of him, the amplyee cannot be allowed to turn back and plead violation of principles of natural justice
The present matter reached the High Court when it has been prayed by the Petitioner for the issuance of a writ in the nature of certiorari which sets aside the order dated July 29, 2017 which is passed by SGPC for terminating their services.
The court passed the said order which being subsequent to an FIR which was registered against the petitioners.
As per the FIR lodged, the petitioners were being found with a girl in an objectionable condition in one of the rooms of the Takhat Sri Damdama Sahib Talwandi Sabo Gurdwara, Bathinda. Lately, it was being discovered out that the petitioners had allegedly paid Rs. 6,000 with the intention of spending a night with her in the Gurdwara and harmed the feeling of Sikh religion, as per the FIR.
It has also been submitted by the petitioner that the impugned order was passed in violation of procedural law laid down under the Rules framed under the Sikh Gurdwara Act, 1925. Before the Court, it was also being submitted that the petitioners were apprehended by the police on July, 22, 2017 and were admitted to bail on July, 26, 2017. However, the said impugned order was passed within 3 days i.e. July, 29, 2017 which being the utter violation of the procedure.
On the other hand, it has been argued by SGPC that since the delinquent employees had already admitted their guilt through their statements and there being no need to conduct an inquiry as contemplated under the Rules.
The High Court also placed reliance on the Punjab and Haryana High Court decision in the case Dayal Singh v. SGPC, wherein the court ruled in the favour of SGPC
