Judgment

Arijit Pasayat, J.—By the impugned judgment a Division Bench of the Punjab and Haryana High Court held that the appointment of the appellant as Auction Recorder of the Market Committee, Patran was invalid and illegal. The said order came to be passed on the basis of a Writ Petition filed by respondent No. 4. It is to be noted that the said petition was styled as a Public Interest Litigation (in short ‘PIL’).

2. A brief reference to the factual aspect would be necessary.

3. Appellant was appointed as Auction Recorder on 19.11.1986. Appointment of the appellant was challenged by one Ashok Kumar, clerk of the Market Committee by filing a complaint before the competent authority alleging that the appellant having been convicted under Section 61(1)(a) of Punjab Excise Act in 1974 for alleged commission of offence on 21.5.1973 and was therefore ineligible for being considered for appointment. The complaint was looked into by the Market Committee and by order dated 22nd May, 1989 it was held that the appointment was not contrary to law. The Standing Counsel of the Committee categorically opined that since no moral turpitude of any kind was involved, there was no ineligibility attach