IN THE HIGH COURT OF ALLAHABAD
O. P. Garg, J.
SURENDRA SINGH NEGI - Appellant
Versus
UNION OF INDIA - Respondents
Civil Misc. Writ Petition 18252 Of 1997
Decided On : 03/02/1998
CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968 - Ss. 14, 16 - Recruitment of constables - Selection process - Cancellation - Validity - Petitioners, candidates in the process of recruitment, challenged the order dated 17.4.1997 issued by the Director General, CISF, New Delhi, scrapping the recruitment and selection process. The petitioners contended that the order was in violation of the principles of natural justice, inasmuch as, no opportunity was afforded to them to rebut the various complaints and that there was no administrative ground justifying the cancellation of selection. HELD, dismissing the petitions, that the impugned order was justified in view of the fact that there were serious complaints of dishonesty, favoritism and mal-practices and that the action of the Director General, CISF had been approved even by the Home Ministry by their letter dated 14th May, 1997 and a fresh recruitment had to be held in which, with a view to mitigate the hardship of the petitioners, it had been provided that the petitioners shall be considered irrespective of the fact that they have become overage.
Fact of the Case:
The petitioners, candidates in the process of recruitment, challenged the order dated 17.4.1997 issued by the Director General, CISF, New Delhi, scrapping the recruitment and selection process. The petitioners contended that the order was in violation of the principles of natural justice, inasmuch as, no opportunity was afforded to them to rebut the various complaints and that there was no administrative ground justifying the cancellation of selection.
Finding of the Court:
The Court found that the impugned order was justified in view of the fact that there were serious complaints of dishonesty, favoritism and mal-practices and that the action of the Director General, CISF had been approved even by the Home Ministry by their letter dated 14th May, 1997 and a fresh recruitment had to be held in which, with a view to mitigate the hardship of the petitioners, it had been provided that the petitioners shall be considered irrespective of the fact that they have become overage.
Issues: Whether the order dated 17.4.1997 issued by the Director General, CISF, New Delhi, scrapping the recruitment and selection process was justified.
Ratio Decidendi: The Court held that the impugned order was justified in view of the fact that there were serious complaints of dishonesty, favoritism and mal-practices and that the action of the Director General, CISF had been approved even by the Home Ministry by their letter dated 14th May, 1997 and a fresh recruitment had to be held in which, with a view to mitigate the hardship of the petitioners, it had been provided that the petitioners shall be considered irrespective of the fact that they have become overage.
Final Decision: The petitions were dismissed.
( 1 ) THESE are seven connected writ petitions under Article 226 of the Constitution of India involving though familiar constitutional question based on Articles 14 and 16, which are covered by the terse and emphatic enunciation of law by the Apex Court, the setting too is familiar as also the substitutions. For these reasons, a brief narration of facts and a common judgment in all the seven cases with suffice.
( 2 ) 1862 posts of constables in Central Industries Security Force (for short csif) in the pay scale of Rs. 825-1200 were advertised in October 1996. These posts were spread over various states of the country. Out of these 1892 posts, 115 posts were allocated to the CISF unit of Food corporation of India, Gorakhpur and the same number posts, i. e. , 115 were allocated in CISF unit of Bharat Heavy Electrical Ltd. , Jhansi. Separate Boards for recruitment/selection of the candidates of the two units of Gorakhpur and Jhansi were constituted. The selection process commenced at both the units on 20th October, 1996. In Jhansi unit, the process was completed on 8. 11. 1996 while in Gorakhpur unit it was concluded on 16. 11. 1996. The select lists were required to be approved by Deputy Inspector General, CISF (North Zone), Delhi, Sri Akbar All khan was the DIG, CISF (North Zone) at the relevant time the Select list of Jhansi was approved by Sri Khan on 20. 11. 1996 and on 28. 11. 1996 he directed Sri Baral. Commandant/chairman, jhansi Board of Recruitment to complete the pre-enrolment formalities and to issue appointment letters in respect of the candidates selected for BHEL, Jhansi. Similarly Sri Khan, DIG (North zone) accorded approved to the select list of Gorakhpur unit on 4. 12. 1996 and Sri P. P. John alex, Commandant and Chairman of the Gorakhpur Recruitment Board was directed to complete the formalities and issue Letter of appointment to the candidate selected for Food Corporation of india, Gorakhpur.
( 3 ) UNDER the instruction contained in letter dated 17. 10. 1996, issued by the Director General, cisf, New Delhi, the DIG (North Zone) was required to forward the recommendation and proceedings of the Boards of Recruitment to CISF Headquarters for final clearance. Before final clearance in the matter could be accorded, a spate of complaints containing allegations of favouritism, nepotism, corruption and mal- practices with regard to the selection process, in general, and against Sri Akbar Ali Khan, DIG (North Zone), CISF, in particular, came to be made. The Director General, CISF ordered for discreet enquiries in the matter. Sri R. K. Shukla, dig intelligence operation made enquiries. Thereafter, Sri Kishore Kunal, IPS. Inspector general/cisf (Eastern Sector), Patna was debuted by the order of the Director General, CISF to make enquiries. Sri Kunal submitted a preliminary report of esquire on 9. 4. 1997 in which he reported that at least seven Mohammedan candidate ( all khans) have been selected on the intervention of Sri A. A. Khan, DIG, CISF (North Zone ). It was reported that undue favour has been shown to these seven candidates on account of their proximity to the DIG, that the two candidates, namely S/sri Mohd. Hafees Khan and Mohd. Naushad Khan belong to DIGs native place and were his neighbours, the other candidates are either his relatives or have been in close touch with him for long. It was also hinted that Sri A. A. Khan, DIG had pressurised Sri Baral to include these candidates in the select list and Sri Baral succumbed to pressure as he was given an indication that the DIG. Sri Khan will help Sri Baral in getting a extension of tenure in service. A probe was also made in respect of certain other candidates against whose selection complaints were made. Sri Kunal, Inspector General (E. S.) reported that about the selection of other candidates named in the complaint, it was learnt that on middle man (Dalai) had taken them to recruitment centre after taking some money but whether played some par
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