Enquiry not necessary on admission of misconduct: Punjab High Court
The Punjab High Court passed a judgement on 17th January, 2023 wherein the court held that principles of natural justice cannot be sought against admitted charges of misconduct. The High Court passed this judgement in Kuldeep Singh v/s Shiromani Gurudwara Parbhandak Committee and Dharmender Singh v/s Shiromani Gurudwara Parbhandak Committee (CWP No.27281 of 2017 (O&M). The case was presided over by Honourable Mr. Justice Pankaj Jain.
FACTS OF THE CASE:
The petitioners, Kuldeep Singh and Dharmender Singh, invoked a writ petition of Certiorari under Article 226 to the High Court. The petitioners were working as security guards on the premises of Shri Darbar Sahib Shri Amritsar. The petitioners were accused of indulging in acts violative of the rules framed under the Sikh Gurudwara Act,1925. The petitioners admitted to their guilt and misconduct.
On admission of misconduct by the petitioners, it was ruled that a demand of an inquiry against the same, doesn’t not hold ground. The court rejected the non-compliance of rules as pleaded by the petitioners. The court also held that on account of admission of guilt, the petitioners cannot plead violation of natural justice.
“Thus, to say that despite the petitioners having admitted their misconduct in the aforesaid terms, still the inquiry was required to be held cannot be accepted. Once the delinquent employee admits his guilt, he cannot be allowed to turn back and plead violation of principles of natural justice.”
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
JUDGEMENT REVIEWED BY ARYA THAKUR