Court affirms maintainability of writ petitions under Article 226 against SGPC; valid disciplinary actions in compliance with principles of natural justice.
In a landmark ruling, the Punjab and Haryana High Court has dismissed multiple writ petitions challenging the statutory nature of the Service Rules framed by the Shiromani Gurudwara Parbhandhak Committee (SGPC) and the validity of disciplinary actions taken under these rules. The judgment, delivered by Justice Harpreet Singh Brar, clarified the statutory status of the SGPC’s Service Rules and upheld the disciplinary measures, including termination, as compliant with principles of natural justice.
The Court addressed the critical question of whether writ petitions under Articles 226/227 of the Constitution are maintainable against the SGPC, given its statutory framework. The Court reaffirmed the statutory character of the SGPC’s Service Rules, emphasizing that the SGPC is a public authority amenable to writ jurisdiction. This decision aligns with precedents set by the Supreme Court in cases such as Mewa Singh v. SGPC and Diljit Singh Bedi v. SGPC, which recognize the statutory nature of these rules.
The petitions arose from disciplinary actions taken by the SGPC, including the termination of employees for misconduct related to embezzlement of funds and unauthorized distribution of Holy Saroops. The Court found that the disciplinary proceedings adhered to the SGPC’s Service Rules and principles of natural justice, providing the concerned employees with ample opportunity to defend themselves.
Justice Brar highlighted the importance of substantial compliance with procedural provisions, asserting that no prejudice was caused to the employees. The Court also emphasized the proportionality of the punishment, noting the gravity of the misconduct in question.
This judgment consolidates the legal understanding that statutory bodies like the SGPC, which perform public functions, are subject to judicial review under Article 226. It also underscores the importance of adhering to procedural fairness in disciplinary proceedings, reinforcing the protection of employees' rights within statutory frameworks.
Bottom Line:
Service Rules framed by Shiromani Gurudwara Parbandhak Committee (SGPC) are statutory in nature and amenable to writ jurisdiction under Article 226 of the Constitution of India.
Statutory provision(s): Articles 226, 227 of the Constitution of India, Sikh Gurdwaras Act, 1925, SGPC Service Rules.
