Case Law
Subject : Service Law - Recruitment
Description :
CHANDIGARH – The Punjab and Haryana High Court has issued an interim stay on the selection process for the post of Secretary at the Bhakra Beas Management Board (BBMB), following a petition that questioned the procedural validity of the recruitment initiative.
The single-judge bench of Justice R.S. Randhawa granted the stay while hearing a writ petition filed by Ramandeep Singh Bains and others, putting a temporary stop to all further actions arising from communications dated July 25, 2025, which initiated the selection.
The petition challenges the process to fill the vacancy for the post of Secretary, BBMB, which arose on August 1, 2025, following the superannuation of the previous officeholder. The core legal issue revolves around the authority responsible for approving the recruitment process.
The counsel for the petitioners argued that the proposal to invite applications for the crucial post was pending approval with the Chairman of the BBMB. This action, the petitioners contended, is a direct violation of Rule 9 of the BBMB Rules, 1974 , which allegedly mandates that such decisions must be approved by the Board itself, not solely by the Chairman.
This procedural lapse, according to the petitioners, renders the entire selection process legally untenable from its inception.
After hearing the initial arguments, the High Court issued a "Notice of motion" to the respondents. Senior Advocate Mr. Rajesh Garg, appearing for the BBMB, accepted the notice and requested one week to file a formal reply.
Finding prima facie merit in the petitioners' challenge, Justice Randhawa ordered an interim stay on the proceedings. The court's order explicitly states:
"In the meantime, further proceedings arising out of the impugned Letter No. 16842-47/PD-66/APD-1/vol-6 dated 25.07.2025 (Annexure P-1) and Order No. 203/PD-66/APD-1/vol-6 dated 25.07.2025 (Annexure P-2), shall remain stayed."
The stay effectively freezes the recruitment process for the BBMB Secretary post until the next hearing. The court's intervention underscores the judiciary's role in ensuring that public bodies and statutory authorities adhere strictly to their own governing rules and procedures, especially in matters of high-level appointments. The case will now proceed with the BBMB expected to defend the legality of its actions in its forthcoming reply.
The matter has been adjourned for the next hearing on September 10, 2025 .
#ServiceLaw #HighCourt #BBMB
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