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2003 Supreme(P&H) 896
PUNJAB & HARYANA HIGH COURT
Binod Kumar Roy, G.S.Singhvi and N.K.Sodhi JJ.
Amarbir Singh
Versus
State Of Punjab
Civil Writ Petition No. 8421 of 2002,8422 of 2002,8423 of 2002,8429 of 2002,8430 of 2002,8431 of 2002,8433 of 2002,8440 of 2002,8441 of 2002,8442 of 2002,8446 of 2002,8447 of 2002,8449 of 2002,8540 of 2002,8547 of 2002,8558 of 2002,8584 of 2002,8585 of 2002,8586 of 2002,8587 of 2002,8588 of 2002,8589 of 2002,8590 of 2002,8591 of 2002,8592 of 2002,8593 of 2002,8594 of 2002,8595 of 2002,8596 of 2002,8739 of 2002,8740 of 2002,8741 of 2002,8742 of 2002,8889 of 2002,8954 of 2002,8957 of 2002,10727 of 2002,10796 of 2002,13942 of 2002,14187 of 2002,14188 of 2002,14189 of 2002,14358 of 2002,14429 of 2002,14457 of 2002,14587 of 2002,14599 of 2002,16615 of 2002,16616 of 2002,16870 of 2002,16941 of 2002,16942 of 2002,16943 of 2002,17309 of 2002,17310 of 2002,17438 of 2002,17495 of 2002,17675 of 2002,17961 of 2002,17962 of 2002,17963 of 2002,18506 of 2002,18950 of 2002,19062 of 2002,20663 of 2002,
Decided On : JULY 7, 2003
The rules of natural justice are not required to be followed in cases of cancellation of selection which is vitiated due to fraud, manipulation, corruption, or large scale irregularities and illegalities committed by those responsible for conducting the selection.
Headnote:
The Punjab Public Service Commission (PPSC) conducted examinations for recruitment to various services, including the Punjab Civil Service (Executive Branch) and Allied Services (PCS (EB) and Allied Services), Punjab Civil Services (Judicial Branch) (PCS (Judicial Branch)), and nominations to various registers. The petitioners, who were appointed to these services based on the recommendations of the PPSC, challenged the orders terminating their services on the grounds of violation of Articles 14, 21, and 311 of the Constitution of India, as well as the rules of natural justice. The Court held that the impugned orders were not vitiated due to violation of the rules of natural justice, as the State Government had sufficient material to form an opinion that the selections were tainted by corruption, manipulations, and large-scale irregularities. The Court also held that the State Government was justified in cancelling the entire selection process and terminating the services of the petitioners, as it was not possible to separate the meritorious candidates from the non-meritorious ones. However, the Court directed the State Government to give all the candidates another chance to get selected on merit by participating in the selections to be made afresh.
Fact of the Case:
The petitioners were appointed to various services based on the recommendations of the Punjab Public Service Commission (PPSC). The State Government terminated their services on the grounds of large-scale corruption, manipulations, and irregularities in the selection process.
Finding of the Court:
The Court held that the impugned orders were not vitiated due to violation of the rules of natural justice, as the State Government had sufficient material to form an opinion that the selections were tainted by corruption, manipulations, and large-scale irregularities. The Court also held that the State Government was justified in cancelling the entire selection process and terminating the services of the petitioners, as it was not possible to separate the meritorious candidates from the non-meritorious ones.
Issues: Whether the impugned orders were vitiated due to violation of the rules of natural justice.
Ratio Decidendi: The Court held that the impugned orders were not vitiated due to violation of the rules of natural justice, as the State Government had sufficient material to form an opinion that the selections were tainted by corruption, manipulations, and large-scale irregularities. The Court also held that the State Government was justified in cancelling the entire selection process and terminating the services of the petitioners, as it was not possible to separate the meritorious candidates from the non-meritorious ones.
Final Decision: The Court dismissed the writ petitions filed by the petitioners.
1. The petitioners, who were appointed to Punjab Civil Service (Executive Branch) and Allied Services (for short. PCS (Executive Branch) and Allied Services) and Punjab Civil Services (Judicial Branch) (for short, PCS (Judicial Branch) on recommendations made by the Punjab Public Service Commission (for short, the Commission) during the tenure of Sh. Ravinderpal Singh Sidhu as its Chairman have prayed for quashing orders dated 23.5.2002, 24.8.02 and 27.9.2002 issued by the State Government terminating their services.
2. For deciding the issues arising in these petitions, we may briefly notice the facts relating to selection made between 1998 and 2001 for appointment to the three services. PCS (Executive Branch) and Allied Services (Direct Recruitment). By an advertisement issued in February, 1998, the Commission invited applications for recruitment against 28 vacancies in PCS (Executive Branch) and 63 vacancies in Allied Services. In all, 13094 candidates appeared in the preliminary examination held on 29.3.1998. Out of them, 1097 candidates were declared successful. The main written examination was held between 2.7.1998 and 2.8.1998 and the result was declared on 25.1.1999. 273 candidates were called for interview which were held between 20.4.1999 and 22.6.1999. The final result was declared on 11.7.1999 and the successful candidates were appointed to PCS (Executive Branch) and Allied Services in September, 1999 and thereafter. Recruitment to PCS (Executive Branch) by nomination made in terms of Rules 8 to 11 and 15 of the Punjab Civil Services (Executive Branch) (Class-I) Rules, 1976 (for short, the 1976 Rules) For the Year 1994. There was three vacancies for Register A-1 which were to be filled from amongst Tehsildar/Naib Tehsildars. There were two vacancies for Register A-II which were to be filled from amongst Civil Secretariat Ministerial Staff. There was one vacancy for Register A-III which was to be filled from amongst the Excise and Taxation Officer/Block Development Officers/ District Development and Panchayat Officers. There was one vacancy for Register C which was to be filled from amongst the officer/officials working in subordinate offices. Interviews for selection for the vacancies to be filled from the four registers were held on 6.4.1999, 28.7.1999 and 29.7.1999, 4.1.1999 and 7.4.1999 respectively. For the year-1996
3. There were five vacancies for Register A-1. There was no vacancy for Register A-II. There were two vacancies for Register A-III and there was three vacancies for Register C. Interviews for selection for appointment to Register A-I were held on 26.5.1999. Interviews for selection for appointment to Register A-III for amongst District Development and Panchayat Officers were held on 29.5.1999. For selection from amongst Excise and Taxation Officers, interviews were held on 29.6.1999. For Register C interviews were held on 4.6.1999 and 7.6.1999. PCS (Judicial Branch) made in terms of Punjab Civil Service (Judicial Branch) Rules, 1951 (for short, the 1951 Rules). In all, four selections were made for recruitment to PCS (Judicial Branch) during the tenure of Shri Ravinderpal Singh Sidhu as Chairman of the Commission. The details of the vacancies for which the selections were made are as under:-
Year
Number of vacancies
1998
21
1999
14
2000
8
2001
21
The candidates selected on the recommendations made by the Commission except those recommended in 2001 were appointed to the service after obtaining approval of the High Court on administrative side.
4 We may now notice the facts (as borne out from the pleadings and record produced by the respondents during the course of arguments) relating to registration of the criminal cases against Shri Ravinderpal Singh Sidhu and others and the ultimate decision taken by the State Government to terminate the services of the petitioners.
a) On 25.3.2002, FIR No.7 was registered at Police Station, Vigilance (Mohali) under Section 7 read with Secti
