Sukhvinder Singh v. Punjab State Electricity Board
1995-04-27
KULDIP SINGH, N.VENKATACHALA
body1995
DigiLaw.ai
JUDGMENT : 1. Special leave granted. 2. The appellants who are husband and wife joined service with respondent 1 against permanent vacancies on ad hoc basis on February 19, 1991. Their services were terminated on the ground that the police verification was against them. The Senior Superintendent of Police, Taran Taran who verified the antecedents of the appellants sent his report regarding character verification of the appellants in the following terms: "Regarding the above mentioned subject, the investigation was got conducted through D.S.P. Goiandwal and SHO Police Station, Berowal and on this it was found that Shri Sukhwinder Singh s/o Ajit Singh r/o Village Nagoke Police Station Berowal is the real brother of Gurmukh Singh s/o Ajit Singh r/o Village Magoke a hard core terrorist belonging to Ranjwar Group,. Sukhwinder Singh has connections with the terrorists and his house is being frequented by the terrorists. Therefore, his name is not recommended because he is not fit to be kept in Government Service. Report is submitted. Sd/- Senior Superintendent of police, Taran Taran." Assuming that Gurmukh, a real brother' of the appellant, was a hard-core terrorist, that, by itself, is not a disqualification for entry into Government service. Gurmukh being an independent person, his activities could not be controlled by the appellants. There is nothing on record to show as to how and in what manner the appellants were connected with the terrorists. In the situation that unfortunately prevailed in Punjab, it was easy to dub any body with terrorist-connections. This type of general allegation cannot mar the career of the appellants for rest of their lives. If this report is taken to be against the appellants, then the appellants can never get into the Government service. We are of the view that respondent No.1 was wholly unjustified in terminating the services of the appellants on the report of the Senior Superintendent of Police which was cryptic and without details. We allow the appeal, set-aside the order of termination and the impugned judgment of the High Court. We direct the re-instatement of the appellants with all consequential benefits including back wages. The appellants shall be entitled to interest @ 12% F.A. on the back wages to be paid by respondent No.1. No costs.