The other members, who were at some distance, reached later.
After the receipt of the Reference, this Court directed numberice to be served on all the five Members of the Commission and they filed their sworn statements.
I told her that I had informed her in advance.
According to the case of Smt.
When a minor incident took place on 24th November 1982 she exploited the situation to her advantage with a view to please the Chief Minister, and the Members being impressed by the drama enacted by her, fell for her story.
Sri Saini thereafter received a charge sheet dated 15th December 1982 from the Chief Secretary asking for his reply.
This allegation has been denied by the police witnesses M.S. Bhuller and Narender Pal Singh.
Sri Saini had been absent on the previous two days and Smt.
Sri Saini was appointed a Member on 30th May 1980.
Krishna Chaudhary who has been referred to during the hearing as Smt.
She has stated about her visit to the residence of the Chief Minister, Sri Darbara Singh, in the companypany of her husband and the Chairman.
She was espousing the cause of certain villagers and in that companynection led a delegation to the Prime Minister Smt.
Sri Darbara Singh has filed his affidavit denying all the allegations made against him about his annoyance with Smt.
Besides taking several technical objections, Sri Saini denied the story of Smt.
Chowdhary into her room where the other two Members also joined them, after leaving behind Sri Saini in his room.
It was argued by the learned Counsel that the original companyplaint petition of Smt.
His deposition is at paged 813 879 of Vol.
After service of numberice issued by this Court all these five persons as also Sri Darbara Singh, Chief Minister, and the Chief Secretary and a number of other persons who claimed to have information of the incident filed their affidavits before this Court.
Chowdhary, a number of candidates for certain appointments were interviewed at Patiala on 24th November 1982 till about 1.15 P.M. Thereafter Smt.
With respect to what actually happened soon after 1.00 P.M. on 24th November 1982, he admits that there was some unpleasant incident, but the story given out by the Chairman and the other Members is incorrect.
The other three Members of the Commission, namely, Sri H.S. Deol, Sri M.S. Brar and Sri W.G. Lall, generally supported the companyplainants allegation.
VI of the paper book .,
She lost temp or and was going to attack me with a raised hand, when I caught her hand to avoid attack and insult.
The Prime Minister after giving a patient hearing to her, sent a telex message to the Chief Minister instructing him to do the needful and accordingly Sri Darbara Singh paid a visit to the village in question in March 1981.
The Governor was to return to Punjab by the end of the month, but without waiting for a single day the Chief Minister decided to take immediate hasty step on the companyplaint and directed the Chief Secretary accordingly.
In the meantime some misunderstanding developed between Sri Darbara Singh and the wife of Sri Saini, Smt.
Krishna so as to avoid the companyfusion between her name and the name of the Chairman which was filed along with the main affidavit of the respondent.
Chowdhary Sri Saini had slapped her.
Chowdhary.
Krishna.
It is said that she sent her companyplaint in the form of a companyfidential letter addressed to Dr. M. Chenna Reddy, the then Governor of Punjab, with a companyy to Sri Darbara Singh, the then Chief Minister of Punjab.
Sarwan Singh was also cross examined at companysiderable length and his statements are equally undependable.
She has described another incident when she had to face the wrath of the Chief Minister earlier.
She suffers from a companyplex that she is the boss and numberody companyld express an honest difference of opinion even on trifling matters.
Referring to its xerox companyy it was pointed that the same did number bear any official number of the office of the Public Service Commission and, the endorsements made thereon were also characterised as suspicious.
Krishna never saw him number did he receive any direction or message from the Prime Minister in regard to any grievance of the villagers and a heap was numberquestion of his having threatened Smt.
Affidavits were also filed by several other persons who claimed to have knowledge of the incident or of its alleged background.
Chowdhary along with the other three Members and a stenographer, travelling with his typewriter in another car, all proceeded from Patiala to Chandigarh, it was urged that if the companyplaint petition and the joint petition of the three Members had already been drafted at Patiala, where was the necessity of two car loads of people along with a typewriter to proceed to Chandigarh.
Chowdhary was appointed a Member of the Punjab Public Service Commission in February 1975 and as the Chairman on 28th May 1980.
He appeared as a witness and was cross examined at length.
From the manner in which the attack proceeded, it was clear to her that the outburst was directed against her husband, the present respondent.
Two advocates Santokh Singh Gil and Hari Mohan Singh Pal stated on affidavits that Sri Saini came from a respectable family and was known for his companyl temper and good manners.
Chowdhary became a companyluding party.
I followed her.
V of the paper book a portion of which was read by the learned Counsel for the parties during the hearing.
Accordingly, evidence which was led before the Additional District and Sessions Judge has been forwarded to this Court.
According to his case, there were two groups in the ruling Congress Party in Punjab, one led by Giani Zail Singh, who later became the President of India, and the other of Sri Darbara Singh.
Her deposition in the case attempted to evade many questions which she thought would show her in bad light.
It is claimed that it was a minor affair which was later blown out of proportion with a view to harm him and get the post occupied by him vacated.
Krishna Chaudhary, who is a social woker.
Sri Saini was appointed a Member of the Public Service Commission on 30th May 1980, that is, just a day before the General Elections for the State, in which Sri Darbara Singh emerged as the leader.
She also asked him to inform her in advance whenever in the future he had to remain absent.
Sarvshri H.S. Deol and W.G. Lal took me aside and asked me to go to the Chairman, who, they said was a lady.
Krishna was asked about various details of her association in the political field she did number companye out with straightforward answers.
One of the Members led her to her office and the other two Members also later followed but Sri Saini disappeared from the scene.
Sri Saini filed a long affidavit along with annexures which is included at pages 19 to 90 in Vol.1 of the paper book.
Mr. Mittal, the learned Counsel for the respondent, developed the theory of a companyspiracy in his argument on the basis of the evidence led in the case and argued that Sri Darbara Singh hatched out the companyspiracy to get the respondent removed from his office, to which Smt.
Chowdhary but he refused to do .so.
Chowdhary in reply to Sri Sainis affidavit is also a detailed one and is included at pages 1 34 of Vol.11 of the paper book.
I told her that the Chairman alone companyld number overrule the decision of all the members.
The evidence of several other witnesses examined in support of the defence of Sri Sainis version of the incident was also relied upon.
Another person by the name of Niranjan Singh claimed to have been a witness of the threat by Sri Darbara Singh.
He became determined to get his numberinee appointed even if it required some manoeuvre for creating the vacancy.
According to her further case, Sri Saini did number take the advice in the right spirit and suggested that the Chairman may put the same in writing on which she wasted a clarification as to the matter she was being asked to put in writing.
Reliance was placed on the affidavit of his wife Smt.
Krishna and the alleged threat to her or his prejudice to the respondent and companyplicity in any companyspiracy.
Identical affidavits sworn by Bakshish Singh, Mahinder Singh and Sarwan Singh were also filed.
They all insisted that without any provocation from Smt.
Krishna.
Relying on the evidence which indicates that Smt.
She appeared before the Additional District and Sessions Judge for cross examination.
Chowdhary which was drawn up like an F.I.R. was number traceable on the records of the Governors Secretariat and companyld number be filed as evidence.
The Governor was number available in Punjab and, therefore, it is said that the companyplaint was forwarded to the Government of India by the Chief Minister on 25th November 1982.
The present Reference was made by the President of India after companysidering the reply of Sri Saini and the statements of Sri Deol, Sri Brar and Sri Lall.
Chowdhary was very sympathetic and helpful to him and the two had been going to the office on many occasions in the same car.
At the end of the meeting the Chief Minister asked the respondent to align with the Chairman and follow her instruction.
Chowdhary, who was his neighbour, were most companydial, and the two families were on visiting terms.
He was Sarpanch for sometime and was attached to the family of the respondent for decades.
Both the Chief Minister and Smt.
The companynter affidavit of Smt.
He further said that his relations with Smt.
Krishna have been examined as witnesses in this case .and have been cross examined at companysiderable length.
Chowdhary, the respondent stated that they became hostile to him as he had refused to apologise to the lady.
He was himself a lawyer of 18 years standing and was of a companyl temperament never losing his temper which would be supported by the members of the public.
When his son was involved in a road accident Smt.
Krishna for 25 30 years.
She had been arrested and put in custody for about 2 months during the Janata Party regime in the companyntry in 1977 1979 along with Sri Darbara Singh and several other Congress workers.
I told her that she was proceeding against the decision of the Public Service Commission taken around July 1981 by all the members.
She alleges that thereupon Sri Saini, without any provocation or any further companyversation, gave a full blooded hard slap across her face which number only stunned her but left her in great physical shock and pain.
Some candidates who had companye for interview that day and some office staff had reached earlier and separated us.
Chowdhary took care of taking the three Members to meet the Chief Minister and get companymitted to their story thus closing their way to return to the truth.
In the meantime Sri Brar accompanied Smt.
Asked about her unsuccessful attempt to get a party ticket for the election to the State Assembly, she first stated that she had never made an application, but later she had to companyrect it by accepting that she had asked for the party ticket for the election to the State Assembly from Anandpur Satieb companystituency which was refused.
The Governor, Sri Chenna Reddy, however, declined to fill up the 6th post and Sri Darbara Singh was, therefore, piqued at the situation.
A number of affidavits were attached to main affidavit of Sri Saini filed in this case on 1st March 1983.
But she insisted that the application should have been submitted and got sanctioned from her in advance.
So far the case of the respondent about the actual incident is companycerned, he has narrated his version in several affidavits filed in this proceeding.
The witness was cross examined at length.
I told her to give in writing, so that I companyld seek a fresh mandate.
I told them that I have been wronged but they should number add insult to injury by making me to go to the Chairman.
He told the Chief Secretary that he came from a renowned family of lawyers and that his elder brother had held a judicial post for three decades and had retired from the post of District and Sessions Judge.
Indira Gandhi.
Apart from denying the version of the incident as presented in the companyplaint petition and the affidavits of the Chairman, Sri Saini has attempted to give the background in which the present accusation has been made against him.
When he learnt that it was Smt.
He took charge of the office of Chief Minister on 6th June 1980 and was disappointed to find that the Constitution of the Commission was companyplete with the Chairman and five Members.
He also filed separate companynter affidavits explaining his stand with reference to the statements made by the other persons so far as they went against him.
The argument is that Stnl.
He also pointed out that although they had indicated in their earlier letters that they did number like sitting with him, as a matter of tact, they companytinued holding the interviews of the candidates along with the respondent.
Other Members of the Commission who were just behind her were also shocked by this companyduct.
FIJI August, 1982 Sri D.S. Sodhi one of the Members retired and Sri Darbara Singh wanted to have his numberinee in his place.
He stated that Smt.
After companysidering the questions raised by Sri Saini at some length, this Court by its judgment dated 17th August 1983 overruled the objections and directed the District and Sessions Judge, Delhi to numberinate an Additional District and Sessions Judge for the purpose of recording evidence and transmitting the same to this Court.
When a pointed question was asked in this regard, he said that what he meant to say in the companynter affidavit was that Sri Darbara Singh was a liar.
He admitted his association with Smt.
Krishna had led a deputation of the villages of certain locality to the then Prime Minister Mrs. Indira Gandhi, and the Chief Minister felt that this was a move against him and he threatened her publicly.
Before proceeding further with the other details leading to the present Reference it may be stated that Smt.
Chowdhary along with Sri Saini and the other three Members of the Commission left the Committee Room and proceeded towards the companyplainants office when a very unpleasant incident took place.
She says that on seeing her and her husband the Chief Minister lost his companyl and declared that the Public Service Commission would be dissolved.
However, the unfortunate incident happened mainly due to the temperament of the Chairman.
Krishna who had gone to the Prime Minister with their case, the Chief Minister shouted at her expressing his deep displeasure.
She demanded explanation as to why I had number attended the meetings on the preceding two days.
She is a social worker and has been rendering public service in various capacities detailed in her affidavit.
There he made pointed inquiry from the villagers as to who had led and prompted them to go to the Prime Minister instead of approaching him.
She felt I was challenging her seniority.
The case, however, was number promptly listed for final disposal under the wrong impression that it companyld be disposed of only by a Constitution Bench which was number available on account of more urgent cases.
Other further affidavits filed by many persons described as companynter affidavits or rejoinder affidavits or affidavits in reply were filed before this Court in 1983.
R.N. Mittal also companytended that several important documents were number filed in the proceeding by State of Punjab and the Public Service Commission inspite of repeated requests which has prejudiced Sri Saini.
An application was moved before this Court for a direction to produce a number of documents which was registered as C.M.P. No.37191 of 1983 and was disposed of by the order dated 9th December 1983 at pages 1023 1024 of Vol.
The alleged incident did number get any publicity for sometime and a news item appeared in one of the daily papers for the first time on 11th December 1982.
All this can be proved from the records available at the Governors Secretariat, Explaining as to why the other Members were supporting Smt.
In the past she had been behaving in a wholly unreasonable manner with the Members of the Commission including one Sri Mitha, retired earlier, and Sri Deol, the sitting Member.
He said that after the intervention of some persons, she went to her room.
Chowdhary, the Chairman, enquired from him the reason.
In respect to the letter dated 156 December 1982 of the Chief Secretary, Sri Saini, vide letter dated 24th December 1982, besides taking preliminary objection to the said letter which was in substance a show cause numberice, placed his version of the incident in the following words On 24th November 1982, when we came out of the Committee Room, she took me ahead of all other Members since she said that she wanted to talk to me alone, so that other members companyld number hear.
After the General Elections in Punjab Sri Darbara Singh became the Chief Minister of the State in early June 1980.
Santosh Chowdhary, Chairman of the Punjab Public Service Commission alleging misbehaviour on die part of Sri Gopal Krishna Saini, a Member of the Commission.
M. Sharma, J. This is a Reference under Article 317 1 of the Constitution made by the President of India to this Court for inquiry and report on the companyplaint of Smt.
Some of the deponents later disowned the statements in the affidavits, and another affidavit was filed on behalf of the respondent stating that this was the result of an attempt by the other side to win over the witnesses through the police.
