HC orders action against Colonel for terminating granthi’s services

Over a decade after the services of a religious teacher were terminated by the Army, the Punjab and Haryana High Court has quashed the orders, terming them as illegal, and ordered disciplinary proceedings against the Colonel who passed the orders, besides directing that the dues payable to the petitioner be recovered from the officer’s salary.

The petitioner was recruited as a granthi at Pathankot and he served for 15 years when his contractual services were terminated in August 2013. He contended that the action was taken without holding any inquiry against charges levelled against him or following the due process of law.

“The respondents are directed to immediately initiate strict disciplinary proceedings against the Colonel and pass an appropriate order for passing such a cryptic order, which, on the face of it, is illegal, biased and full of malice,” the Bench of Justice Alok Jain ruled while holding that a senior officer who is in charge of maintaining discipline and decorum cannot be expected to misuse his powers.

“The impugned order does not disclose any reason and it was not a case of such a grave nature that would have threatened the integrity of the country that the petitioner has been terminated from service and his livelihood curtailed,” the Bench observed.

Directing that petitioner be reinstated from the date of his termination and he be granted all promotional benefits from the same date as that of his juniors, along with consequential benefits, the Bench directed that the entire amount that the government has to pay to the petitioner be recovered from the salary of the officer.

The Bench further directed that in case the officer has retired from service, his pension shall be immediately stopped. The dues are to be paid to the petitioner within two months, failing which the salary of the Station Commander, a Brigadier, would be stopped.