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PANKAJ JAIN
Jaspreet Singh – Appellant
Versus
Special Secretary, Cooperation, Punjab – Respondent
| Table of Content |
|---|
| 1. challenging annulment of petitioner's appointment (Para 1 , 2 , 3) |
| 2. contentions regarding procedural violations (Para 4 , 5) |
| 3. court's reasoning on procedural compliance (Para 6 , 8 , 9) |
| 4. procedure for appointments under the service rules (Para 7) |
| 5. order for dismissal of the writ petition (Para 10 , 11) |
JUDGMENT
Mr. Pankaj Jain, J. (Oral)
Present writ petition has been preferred for quashing of order dated 08.03.2016 (Annexure P-8), that dated 02.02.2015 (Annexure P-7) and Resolution dated 13.11.2014 (Annexure P-4) whereby the appointment of the petitioner to the post of Salesman stands annulled.
2. Respondent No. 4-Kauhrian Multi Purpose Cooperative Agricultural Service Society Ltd., Kauhrian, Sunam wanted to fill post of Salesman lying vacant in the Society. The Managing Committee of the Society vide Annexure P-2 constituted a Selection Committee in terms of Rule 5(1) of the PUNJAB STATE CO-OPERATIVE AGRICULTURAL SERVICE SOCIETIES SERVICE RULES , 1997. The Constitution of the Selection Committee as per the Resolution dated 07.10.2014 (placed on record as Annexure P-2) reads as under:
The failure to notify all candidates for interviews in a recruitment process constitutes a violation of natural justice, warranting the quashing of the selection process.
The main legal point established in the judgment is that the petition filed under Article 226 of the Constitution was not maintainable as the respondent authority was not amenable under the writ juri....
Point of Law : If appointment itself is in infraction of rules, such an illegality cannot be regularized. Ratification or regularization is possible of an act which is within power and province of au....
Statutory procedures for appointment must be strictly followed; non-adherence renders any resultant appointment illegal.
The court established that the timely conduct of elections for office bearers in cooperative societies is a legal obligation, not subject to arbitrary delays.
The resignation of committee members takes effect at the time of tendering the resignation, and the subsequent appointments must comply with the legal requirements. The failure to publish a notice as....
Termination of employment without proper procedure violates natural justice; appointments not void ab initio if made with adherence to rules.
Mere recommendations in the selection process do not confer a right to appointment; the state exercises discretion in final appointments based on administrative necessity.
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