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2005 Supreme(J&K) 109

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Permod Kohli, J.
Mohd. Haroon Bhat & Ors. - Appellant
Versus
State Of J&K & Ors. - Respondent
SWP No. 384/2003 And SWP 2331/2003
Decided On : 15 April, 2005

Advocates Appeared:
Advocate For Appellant: Z.A. Shah
Advocate For Appellant: Sunil Sethi
Advocate For Appellant: J.S. Kotwal
Advocate For Respondent: B.S. Salathia
Advocate For Respondent: Shaishta Hakim

The impugned order did not violate principles of natural justice and did not amount to termination of service without holding an enquiry. The Chief Secretary was competent to pass the impugned order.

Headnote:

Forest Guards - Selection Process - J&K Service Selection Recruitment Board - Advertisement Notification No. 3 of 1996 - Summary of Acts and Sections: Jammu and Kashmir Constitution, Article 126; Constitution of India, Section 311 - The court examined the fairness of the selection process and the impugned order was passed with the approval of the Chief Minister. The court found no violation of principles of natural justice and held that the impugned order did not amount to termination of service without holding an enquiry. The court also upheld the competence of the Chief Secretary to pass the impugned order.

Fact of the Case:

The J&K Service Selection Recruitment Board invited applications for the posts of Forest Guards. After conducting physical tests and interviews, a select list was issued. Some complaints were made regarding interpolations in the select list, leading to legal challenges and directions for examination by the Chief Secretary. The salary of the appointees was stopped, leading to further legal challenges.

Finding of the Court:

The court found that the impugned order cancelling the selection process was fair and justified, and dismissed the petitions filed by the selectees/appointees.

Issues: Violation of principles of natural justice, termination of service without holding an enquiry, competence of the Chief Secretary to pass the impugned order.

Ratio Decidendi: The court held that the impugned order did not violate principles of natural justice and did not amount to termination of service without holding an enquiry. The court also upheld the competence of the Chief Secretary to pass the impugned order.

Final Decision: The court dismissed the petitions filed by the selectees/appointees, upholding the impugned order cancelling the selection process.

1. The J&K Service Selection Recruitment Board invited applications for the posts of Forest Guards/ Forest Protection Force Guards District Doda vide Advertisement Notification No. 3 of 1996 dated 24.12.1996. After conducting physical test and interview of all the eligible candidates who applied in response to the aforesaid notification, a select list dated 30.4.2000 came to be issued . The State Government on receipt of the aforesaid select list, issued Government Order No. 344 of 2000 dated 24.10.2000 appointing 128 candidates as Forest Protection Force Guards in the pay scale of Rs. 3050-75-3950-80-4500 against the available posts. It is the case of the petitioners that on being appointed , they joined their services and were deputed for undergoing training in Punjab Police Training Academy , Phallour where they completed their training course for six months and were posted in Gama Unit J-8 Doda and Gama Unit J-9 Batote. They performed their duties and were paid their salary upto October, 2002 .

2. Even before the appointment could be made, some complaints were made whereupon respondent-5 detected some interpolations in the select list and the issue was referred to the Government. On examination, interpolation was found in case of 11 selectees and their names were deleted from the select list. The selection/appointment came to be challenged by some unsuccessful candidates by filing SWP No. 651/2000 and other connected petitions . All these petitions were disposed of by a common judgment dated 15.4.2002 wherein following directions were issued:

In this situation, these petitions are disposed of with the following directions:

i) That the Chief Secretary of the State of Jammu and Kashmir would examine or cause to be examined , the preliminary report submitted by the Vigilance Organisation , and take such steps as are required to be taken on the administrative side;

ii) That as prima facie, there is large scale interpolations in the records and as it may not be possible for this court to go into the same, and as directions have been given to the Chief Secretary of the State to examine them, let this exercise be completed at the earliest , and preferably , within a period of three months from today;

iii) So far as appointment of private respondents is concerned, that would naturally depend upon the enquiry to be held. However, it is directed that as an interim measure , the private respondents who stand appointed shall not be paid their salaries , and the State would not be burdened w.e.f. 1.5.2002. Copy of the order be made available to Shri J.P. Singh, Advocate by the Registry, who would forward the same to the Chief Secretary of the State. It is hoped that remedial measures are taken by the Chief Secretary and the issue is not allowed to be lingered on.

Disposed of accordingly.

3. On the basis of the aforesaid judgment, salary of the appointees was stopped. Petitioners challenged judgment dated 15.4.2002 in LPA(SW) No. 181/2002 titled Mohd.Haroon and Others Vs. State and Others, which was disposed of on 6.6.2002 with the following order:

Dismissed as withdrawn with liberty to approach the court as and when the period of three months as stipulated in the judgment is over.

4. On expiry of three months, petitioners filed two more writ petitions being SWP No. 2528/2002 titled Gurnam Singh and Ors Vs. State and Others and SWP No. 2527/2002 titled Kartar Singh and Others Vs. State and Others. In the aforesaid writ petitions, vide order dated 12.11.2002, a direction was issued for the release of salary of petitioners for the period they have actually worked after 1.5.2002. Another writ petition SWP 2774/2002 titled Mohd. Haroon Bhat and Others Vs. State and Others was also filed, wherein a direction dated 28.11.2002 for release of salary was issued. During the pendency of the aforesaid writ petitions, the Government through the General Administration Department issued impugned Government Order No. 8-GAD of 2003 dated 3.1.2003 canceling th


























































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