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2009 Supreme(All) 736

[2009(3) ADJ 166 (DB)]
ALLAHABAD HIGH COURT
BEFORE : JANARDAN SAHAI AND RAKESH SHARMA, JJ.
STATE OF U.P. AND OTHERS ....Appellants
Versus
PAWAN KUMAR SINGH AND OTHERS ....Respondents
(Special Appeal Nos. 244 of 2009, 162, 165, 169, 172, 173, 174, 203, 204, 167, 168, 170, 175, 176, 202, 206 of 2009, 1905 of 2008, 164, 171, 177, 179, 166, 178, 180, 181, 182, 201, 207, 163 and 205 of 2009,
decided on 4th March, 2009)

Advocates:
Counsel :
R.M. Singh, Ashok Khare and A.K. Rai for the Appellants; P.P. Rao, P.S. Patwaliya, C.S.C. and S.C. for the Respondents.

Headnote:(A) Appointment—Cancellation of—Large number of persons appointed on posts of Constables in Civil Police, P.A.C. and in Wireless Department of Police—Their appointments were cancelled on grounds of unfair selection and adoption of extraneous considerations—This cancellation was quashed by Single Judge, vide decision reported in 2008(1) ADJ 321—State Government filed Special Appeal—Two Judges’ constituting Bench, although dismissed Special Appeal, holding that action of State Government in cancelling appointment was hasty, as it failed to segregate cases of tainted and non-tainted candidates, which was not impossible, it gave liberty to State Government to now conduct an exercise of getting tainted candidates from non-tainted ones—Both the Judges, agreed on this operative part of decision but differred in their views on other legal aspects. [Paras 50, 51, 55 and 147 to 149]

       (B) Appointment—Complaint about adoption of extraneous consideration and unfair process—Constitution of Enquiry Committee—Appointment of two of its members (one of them was its Chairman) and permitting some other officials to assist committee in conducting enquiry—Considered by both the Judges—Janardan Sahai, J. found that inclusion of two members in Committee and permitting some other officials to assist Committee was not proper—But Rakesh Sharma, J. differed in his opinion, holding that mere inclusion and permitting assistance is not against law, when records show that several irregularities were committed in selection process—It was also observed that principle of delegation of power, Maxim “Delegatus Non Potest Delegare” and principles of natural justice are not applicable in enquiry, which is merely ‘fact finding enquiry’ and not judicial enquiry—Committee itself was not statutory Committee—Views of both Judges—Focussed in paras of their respective decision.

        [Paras 5, 6, 8, 12, 15, 19, 20, 23, 24, 30, 31, 35 to 38, 42, 44, 45, 47, 49 to 54, 81 to 83, 87, 91, 92, 101, 103 to 107, 110 to 120, 125 to 127, 129 to 131, 133, 135 to 138 and 144 to 147]

       (C) Appointment—Officers concerned adopting extraneous considerations—State Government initiated departmental proceedings and also criminal proceedings against them—High Court issued interim order staying their arrest in criminal proceedings—Steps for obtaining sanction in departmental proceedings—Found to be in process—In this view of the matter, it cannot be accepted that State Government is not taking any action. [Paras 36 and 37]

       (D) Appointment—Allegations of mala fide against Senior Officer involved in selection process—Cannot be enquired by High Court in absence of their impleadment and materials in its support. [Para 143]

       

JUDGMENT

Hon’ble Janardan Sahai, J.—This is a bunch of 30 connected appeals against the judgment of the learned Single Judge of this Court dated 8.12.2008. By that judgment the learned Single Judge has allowed the writ petitions of the respondents against the order of the State Government dated 11.9.2007, 18.9.2007 and 30.9.2007 cancelling the selection/appointments of the writ petitioners. A massive recruitment drive of constables of the civil police, PAC and on several posts in the Wireless Wing of the police department was made in the year 2005-06. The recruitments were made by 51 Recruitment Boards at different places in the State of Uttar Pradesh. As a result of the drive some 18 thousand and odd constables were selected. It is stated by the respondents that about 6 thousand of them were given appointment and some of them had put in service of about 2-3 years while the remaining of the selected candidates were sent for training and were receiving a stipend of about Rs. 3 thousand per month. The recruitments were made at the time when the Mulayam Singh Govt. was in power in the State of Uttar Pradesh. Shortly after the new Govt. of Km. Mayawati was inducted on 13.5.2007 three complaints of sitting MLAs of the ruling party were addressed to the Chief Minister in which allegations relating to irregularities in the selection and corruption in recruitment were highlighted. The Secretary of the Chief Minister forwarded the complaints to the Principal Secretary, Home Deptt. and the Principal Secretary, Home Deptt in turn sent the complaints to the DGP. The DGP by letter dated 13.6.2007 constituted a committee of 4 members headed by Sri Sailja Kant Misra as Chairman to investigate into the complaints. It also appears that looking into the enormity of the exercise that was to be conducted by the Committee the DGP passed an order that the committee may take assistance of certain officers. The committee fragmented into separate sub committees to enquire into the irregularity of the selections at the various recruitment centres. As a result of the exercise conducted by the sub-Committees some 51 reports were submitted. The committee recommended the cancellation of the selection in 42 recruitment centres and cleared selections made by 9 Recruitment Boards. The reports were submitted by the Director General of Police to the State Government. Out of the nine reports clearing the selections one has been accepted by the State Government, namely report No. 25 in respect of Saharanpur Recruitment Centre and one pertaining to Sitapur is pending reconsideration by another committee. It has been stated at the Bar by Sri R.N. Singh Senior Advocate learned counsel for the the respondents that Saharanpur happens to be the constituency of Km. Mayawati. The remaining of the seven reports in which selections were cleared are pending consideration of the State Government.

2. The learned Single Judge has allowed the writ petitions holding that the constitution of the four member Misra Committee itself was invalid as two of its members Shailja Kant Misra Chairman and Javed Akhtar suffered from the vice of official bias; that certain officers had been permitted by the Director General of Police to assist the Misra Committee and though these officers had never been inducted as members of the Misra Committee were included in the sub committees into which the Misra Committee under orders of its Chairman had fragmented itself and the enquiry was actually conducted by the sub committees and the enquiry reports were submitted under the signatures of such officers who were to assist the Committee along with signatures of Shailja Kant Misra or one other member of the Misra Committee and the reports were therefore invalid; that the reports of the Misra Committee lacked fairness being vitiated by the fact that the same standards which were applied by the committee for clearing the selections in respect of some recruitment centres such as Deoria report No. 23 were




















































































































































































































































































































































































































































































































































































































































































































































































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