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Himachal Pradesh High Court
R. S. PATHAK,C. R. THAKUR
D.K. Khanna - Appellant
Versus
Union of India - Respondent
Decided On : 10/03/1972
INDIAN ADMINISTRATIVE SERVICE (APPOINTMENT BY PROMOTION) REGULATIONS, 1955 - SELECT LIST - VALIDITY - BIAS - PRESENCE OF A MEMBER RELATED TO A CANDIDATE - LIKELIHOOD OF BIAS - INVALIDATION OF THE SELECT LIST.
Fact of the Case:
The petitioners, who were members of the Punjab Civil Service (Executive Branch), were provisionally allotted to the Union Territory of Himachal Pradesh in 1966. In 1967, the Dhanic Service Rules were amended to include Rule 31-A, which provided for the absorption of the Punjab Civil Service Officers into the Dhanic Service. The petitioners were appointed to the Dhanic Service with effect from November 1, 1966. In 1970, an integrated seniority list was finalised, and the petitioners were shown at serial Nos. 24 and 27 respectively. The petitioners were granted the Selection Grade in the Dhanic Service, Sh. D. K. Khanna with effect from December 23, 1967 and Shri Sita Ram Kanwar with effect from January 19, 1968. In 1971, the Union Territory of Himachal Pradesh was replaced by the State of Himachal Pradesh. The Himachal Pradesh Administrative Service was constituted, and to its cadre the Central Government allocated 74 members of the Dhanic Service, the first 17 in order of seniority being: Shri Bishan Dass, Parkash Chand Sharma, I. K. Suri, Harish Chandra, H. K. L. Dhingra, R. C. Sharma, D. K. Khanna, S. R. Kanwar, B. D. Thapar, J. S. Chaudhary, S. R. Mahantan, S. S Thakur, H. S. Negi, Swarupa Nand, K. N. Kashyap, V. K. Agnihotri and Lal Singh. Shri Bishan Dass, at serial No. 1, retired on May 25, 1971. Shri P. C. Sharma, Shri I. K. Suri. Shri Harish Chandra and Shri H.K.L. Dhingra, at serial Nps. 2, 3, 4 and 5 were appointed to the Indian Administrative Service as a result of the selection made by the Committee in December 1970. The next meeting of the Committee for selecting members of the Himachal Pradesh Administrative Service for promotion to the Indian Administrative Service was proposed for December 22, 1971. On October 11, 1971, the Government of Himachal Pradesh ordered the transfer and posting of Shri K. N. Kashyap, respondent No. 14, as Deputy Secretary (A. P. C's Branch) which was a senior duty post of the Indian Administrative Service. The petitioners considered that they had been superseded by that order and, it is said, they represented to Shri K. N. Channa, Chief Secretary to the Government of Himachal Pradesh respondent No. 6. against their supersession. The Committee met on October 22, 1971. It consisted of : Shri R.C. Sarkar, Chairman, Union Public Service Commission, New Delhi, Respondent No. 4. Shri K. Subramanian. Joint Secretary, Department of Personnel, Cabinet Secretariat Government of India, New Delhi, Respondent No. 5. Shri K. N. Channa. Chief Secretary to the Government of Himachal Pradesh, Simla, Respondent No. 6. Shri. L. Hmingliana Tochhawng. Financial Commissioner and Secretary (Revenue) to the Government of Himachal Pradesh, Simla, Respondent No. 7. Shri K.C. Pandeya, Agricultural Production Commissioner, Himachal Pradesh. Simla, Respondent No. 8. and Shri B.C. Negi, Secretary (GAD) to the Government of Himachal Pradesh, Simla. Respondent No. 9. At the time, the seniority list of the Himachal Pradesh Administrative Service showed. (1) Shri R. C. Sharma (2) Shri D. K. Khanna (3) Shri S. R. Kanwar (4) Shri B. D. Thapar (5) Shri S. R. Mahantan (6) Shri H. S. Negi (7) Shri Swarupa Nand (8) Shri K. N. Kashyap (9) Shri V. K. Agnihotri and (10) Shri Lal Singh The Committee took into account that three substantive vacancies had come into existence and decided upon and Select List containing the names of six members of the State Service. It examined the records of the first 24 officers in order of seniority, including the petitioners, and considered their suitability for selection. It selected the following six officers : (1) Shri R. C. Sharma (2) Shri B. D. Thapar (3) Shri H. S. Negi (4) Shri Swarupa Nand (5) Shri K. N. Kashyap and (6) Shri Lal Singh The Committee considered the cases of officers who had attained the age of 52 years as on November 1, 1971. They were : (1) Shri D.K. Khanna (2) Shri S. R. Kanwar (3) Shri S. R. Mahantan (4) Shri H. S. Negi and (5) Shri Swarupa Nand. The Committee considered that although Shri H. S. Negi and Shri Swarupa Nand had attained the age of 52 years on January 1, 1971, they were officers of such exceptional merit and suitability as to justify their inclusion in the Select List. The Committee observed that the remaining officers who were above the age of 52 years were not of such exceptional merit and suitability and there were no special or extraordinary circumstances in their case to warrant a departure from the rule that the Committee should not ordinarily consider the cases of members of the State Civil Service who had attained the age of 52 years. The List prepared by the Committee was approved by the Union Public Service Commission on November 12, 1971, and it became the Select List in terms of Regulation 7 of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955. The validity of that Select List is challenged by the present writ petitions.
Finding of the Court:
The Court held that the presence of Shri B. C. Negi, respondent No. 9, as a member of the Committee on October 22, 1971 vitiated its deliberations because one of the officers selected, Shri H. S. Negi, respondent No. 12, was related to him as his father-in-law. The Court observed that Shri B. C. Negi was personally interested in ensuring that Shri H. S. Negi was brought on the Select List and in such a position of seniority as to render certain that he would be appointed to one of the three vacancies then available in the Indian Administrative Service. The Court further held that the Select List prepared consequent to the deliberations of the Committee on October 22, 1971 is quashed.
Issues: 1. Whether the presence of Shri B. C. Negi, respondent No. 9, as a member of the Committee on October 22, 1971 vitiated its deliberations because one of the officers selected, Shri H. S. Negi, respondent No. 12, was related to him as his father-in-law? 2. Whether the Select List prepared consequent to the deliberations of the Committee on October 22, 1971 is valid?
Ratio Decidendi: The Court held that the presence of Shri B. C. Negi, respondent No. 9, as a member of the Committee on October 22, 1971 vitiated its deliberations because one of the officers selected, Shri H. S. Negi, respondent No. 12, was related to him as his father-in-law. The Court observed that Shri B. C. Negi was personally interested in ensuring that Shri H. S. Negi was brought on the Select List and in such a position of seniority as to render certain that he would be appointed to one of the three vacancies then available in the Indian Administrative Service. The Court further held that the Select List prepared consequent to the deliberations of the Committee on October 22, 1971 is quashed.
Final Decision: The Court allowed the writ petitions and quashed the Select List prepared consequent to the deliberations of the Committee on October 22, 1971.
R. S. PATHAK, C.J. :- The petitioners in the two writ petitions before us challenge the validity of the Select List of the year 1971 prepared under the Indian Administrative Service (Appointment by Promotion) Regulations. 1955.
2. Shri D.K. Khanna, who has filed Civil Writ Petition No. 5 of 1972, joined the Punjab Civil Service (Executive Branch) as a Magistrate in 1954, and was confirmed in the Service with effect from May 8, 1958. Kr. Sita Ram, who has filed the connected Civil Writ Petition No. 11 of 1972, entered the Patiala and East Punjab States Union Administrative Service in 1955, and upon the
merger of that Union into Punjab on November 1, 1956, he was absorbed into the Punjab Civil Service (Executive Branch). With effect from November 1, 1966, the two petitioners. Sh. D. K. Khanna and Kr. Sita Ram, were provisionally allotted to the Union Territory of Himachal Pradesh under Section 82 (1) of the Punjab Reorganisation Act, 1966.
3. At the time the only Civil Service in the Union Territory was the Delhi Himachal Pradesh and Andaman and Nicobar Islands Civil Service (conveniently described as the Dhanic Service). It was created and governed by the Delhi, Himachal Pradesh and Andaman and Nicobar Islands Civil Service Rules, 1965. The Punjab Civil Service Officers provisionally allotted to Himachal Pradesh claimed that they should be considered for promotion to the Selection Grade of the Dhanic Service, but on July 19, 1967, the Government of India stated that they could be so considered only after they were appointed to that Service and their seniority fixed therein. On August 17, 1967, the Government of India wrote to the Chief Secretary of the Himachal Pradesh Government that the question of amending the Dhanic Service Rules, 1965, for the purpose of absorbing the Punjab Civil Service Officers finally allotted to Himachal Pradesh in the Dhanic service was under consideration. It was laid down that the seniority of those officers would be determined with reference to their date of appointment to the Punjab Civil Service.
4. A provisional integrated seniority list covering the allotted Punjab Civil Service Officers as well as the existing members of the Dhanic Service was circulated for comments by the officers concerned. On December 23, 1967, an order was made under Section 82 (2) of the Punjab Reorganisation Act by the Central Government declaring that all the persons belonging to the Punjab Civil Service (Executive Branch) who were required provisionally to serve in the Union Territory of Himachal Pradesh were finally allotted to that Union. Territory, with effect from November 1, 1966. On September 20, 1968, the Himachal Pradesh Government issued a list of the finally allotted officers, and the list included the petitioners.
5. The Dhanic Service Rules were amended by the inclusion of Rule 31-A, and pursuant to it the Central Government by its notification dated February 21, 1969, appointed the permanent members of the Punjab Civil Service (Executive Branch), who had been finally allotted for service in Himachal Pradesh, to the Dhanic Service. The officers were appointed with effect from November 1, 1966.
6. Thereafter, the integrated seniority list was finalised and issued on September 10, 1970, the seniority being determined as on November 1, 1966. In the seniority list the petitioners, Sh. D.K. Khanna and Shri S.R. Kanwar, were shown at serial Nos, 24 and 27 respectively.
7. The petitioners were granted the Selection Grade in the Dhanic Service, Sh. D. K. Khanna with effect from December 23, 1967 and Shri Sita Ram Kanwar with effect from January 19, 1968.
8. The Indian Administrative Service (Appointment by Promotion) Regulations, 1955 were promulgated by the Central Government for the purpose of promoting members of the State Civil Services to the Indian Administrative Service. The Regulations provide for the constitution of a Committee (Reg. 3) which is entrusted with the duty of ordinarily meeting at least onc
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