Punjab and Haryana High Court – Termination of Driver’s Services Upheld Owing to Misconduct Involving Unauthorized Use of Government Vehicle
Case Name: Inderjit Singh v. State of Punjab and another
Citation: CWP No. 37499 of 2019
Date of Judgment: 6 January 2020
Bench: Justice Augustine George Masih
Held: The Punjab and Haryana High Court dismissed the writ petition filed by a temporary government driver challenging his termination from service. The Court held that the act of unauthorizedly taking a government jeep, consuming alcohol, and engaging in a village quarrel leading to police custody was a serious misconduct directly connected with his duties as a driver. Since he was appointed on 89-day basis, his termination could not be termed illegal or disproportionate. The plea for regularization on account of government policy was also rejected, as his conduct was found wholly unbecoming of a government servant.
Summary: The petitioner, appointed as a driver on 89 days basis in the office of Chief Development Project Officer, Phagwara, had his services terminated in 2004 after he allegedly took a government jeep without authorization, drove it to his village under the influence of liquor, and engaged in a fight with a co-villager. Proceedings under Sections 107/151 Cr.P.C. were initiated, and both he and the jeep remained in police custody. The termination order was earlier quashed in 2019 on the ground of violation of natural justice, with liberty to pass a fresh order after hearing. Pursuant thereto, the petitioner was given opportunity to submit a reply. Upon consideration, the competent authority reaffirmed the termination.
In challenge, the petitioner argued that the alleged misconduct was unconnected with his duties, and further contended that his termination was unjust as he would have otherwise been entitled to regularization. Reliance was also placed on Suresh Kumar v. Union of India, 2019 (4) SCT 516, where intoxication was held not to justify termination.
The Court distinguished the said case, observing that unlike Suresh Kumar, the present misconduct directly involved government property and dereliction of duty. The Court held that unauthorized removal of a government vehicle and subsequent misconduct could not be condoned. As the petitioner was only a temporary employee on 89-day basis, the plea of regularization was untenable.
Decision: Finding the termination order valid and justified, the High Court dismissed the writ petition, upholding the petitioner’s removal from service.