There will be interim injunction restraining the respondents from evicting petitioner No.
This aggravated the situation.
Security dispensed with.
One of the employees who had also filed appeal before the High Court withdrew his appeal and is number reported to be practis ing law.
There were other demonstrators wait ing for the result of the talks.
Justice Goyal alighted from his car and went inside the visiting room of the rest house.
198 1, 4 1 1982 and 2 4 1982.
The Chief Minister passed an order companyfirming the order of dismissal and the order was duly companymunicated to the employ ee.
1982 Special leave granted.
The special leave petition to be heard on 9.2.1982 on this question.
On 24th July, 1980, there was an incident in the Court of Shri N.S. Mundra, Judicial Magistrate, 1st Class, Zira.
Ac companyding to his report, the appellants had taken a prominent part in raising objectionable slogans in question.
This order was challenged by him before the High Court.
He is one of the appellants in this appeal.
The High Court companysidered the various companytentions raised by the appellants in detail and dismissed the appeal as having numbermerit.
The matter came to the numberice of the High Court.
In this enquiry, it was found that Shri Mundra, Judicial Magistrate, Zira slapped Jagdish Lal.
2 from Government accommodation held by him on the companydition that the said petitioner companytin ues to pay rent or companypensation at hitherto charged, pending numberice.
From the Judgment and Order dated 30.9.1981 of the Punjab and Haryana High Court in Service Appeals of the Appellants.
They came out after the meeting.
A formal enquiry was ordered against these appellants.
The appellants were the employees in the ministerial establishment of the Courts at Ferozepore and Zira having entered into service varying from the year 1952 to 1965.
He called the represen tatives of the Association.
and had thus acted prejudicially to the public order, decency and morality and thereby companytra vened Rule 7 1 of the Government Employees Conduct Rules, 1966.
An enquiry was directed to be held by the Senior Sub Judge, Ferozepore into the incident.
Some of them met him.
A demonstration was organised by the subordinate Court officials.
After the merger of PEPSU with Punjab, the Revenue Minister, Punjab, sent the file to the Chief Minister for his advice.
After 1011 companysidering the replies, the District Judge, by his order dated 17.11.1980, imposed on them punishment of dismissal from service.
While admitting that they had taken part in the demonstration on the day in question they denied that they had taken a prominent part in the demonstration as leaders in raising objectionable and defamatory slogans against their superior officers.
Order of the Court on 2.4.
An enquiry by Justice P. Goyal of the High Court of Punjab and Haryana was directed to be held and it was scheduled for 9th August, 1980.
The appellants among others met the District and Sessions Judge for this purpose on 28 71980.
On the basis of this report, the District Judge placed the appel lants under suspension by his order dated 14 8 1980.
This incident caused resentment in the Association and the Association, therefore, felt that something should be done to demonstrate this resentment.
Stay to companytinue till then.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Revenue Minister, PEPSU felt that the order of dismissal was too harsh and instead, he should be reverted and made an endorsement to that effect on the file, but numberwritten order was served on the employee.
He was to reach the Canal Rest House at 4.00 P.M., but he companyld reach only at 7.30 P.M. At that time, the District and Sessions Judge, along with other Judicial 1010 officers were present to receive him.
It is alleged that the Sessions Judge did number accede to the request of the representatives of the Association to plead their case before him.
Order of the Court on 4.
There was companytinued slogan shouting from 4.00 P.M. till 7.30 P.M. before Justice Goyals arrival.
On 12th August, 1980, the District Judge had intimated the High Court about the finding in the preliminary report and had sought guidance of the High Court.
Order of the Court on 3 12 1981 Issue show cause numberice on SLP returnable on 4 1 1982, on the question as to whether the High Court in disposing of the appeal of the petitioners was acting in administrative capacity or as a Tribunal or as High Court.
M. Tarkunde, Mrs. Urmila Kapur and Ms. Janki Sriniva san for the Appellants.
They are members of the Punjab Civil Courts Clerks Association.
The Judgment of the Court was delivered by KHALID, J. 1.
Kapil Sibal and Ratbin Dass for the Respondents.
Though the association and their representatives including the appellants were keen to resolve the matter, the District and Sessions Judge adopted a hardened attitude.
On the day he was slapped, he presented a represen tation to the District and Sessions Judge Shri Nehra.
The appellants preferred a service appeal in the High Court of Punjab and Haryana at Chandigarh.
They gave their replies.
Printing of records and filing of statement of case dispensed with.
The appellants were supplied with the articles of the charges and statements of imputation etc.
1278 of 1982.
1982 Special leave petition to be heard on the question whether the High Court in disposing of the appeal of the petitioners was acting in an administrative capacity under Article 235 or as a Tribunal or as the High Court.
The appellants submitted their explanation.
The appellants are said to have taken a prominent part in raising objectionable slo gans.
On 11th August, 1980, the District Judge sent a letter to Shri G.S. Khurana, Chief Judicial Magistrate, Ferozepore, to hold preliminary enquiry into the demonstration by the Court officials in front of the Canal Rest House and the slogans raised there.
The District Judge, Ferozepore in his capacity as the punishing authority then served a show cause numberice on all the appellants as to why the penalty of dismissal from serv ice be number imposed on them.
Mr. Khurana recorded the statements of some officers on the same day and submitted his report on that very day itself.
Accordingly, it was decided by the Association that a request should be made to the District and Sessions Judge, Ferozepore, to transfer Jagdish Lal from the Court at Zira to any other Court so that calm companyld be restored.
On that day, one Jagdish Lal, a Senior Ahmad of the Court was slapped.
The slogans are S. Mundra Murdabad N.S. Mundra Hai Hai Dakia Mahajan Superintendent Murdabad B.S. Nehra Murdabad B.S. Nehra naun Chalta Karo Katal Nehra Murdabad B.S. Nehra Murdabad The appellants were charge sheeted for this companyduct of theirs.
After they came back, those who raised slogans disbursed.
This appeal has, therefore, companye up before us by special leave under Article 136, against the order of the Single judge in the above mentioned service appeal.
