IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH.

214 CWP-21755-2019 (O&M).

Date of Decision: 19.05.2025.

RITU LATHER ... Petitioner(s)

Versus STATE OF HARYANA AND OTHERS ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ.

Present: Mr. Rahul Sharma, Advocate, and Mr. Arpandeep Narula, Advocate, for the petitioner.

Mr. Rahul Dev, Addl. A.G. Haryana, for respondents No.1 to 4.

Mr. Kanwal Goyal, Advocate, for respondent No.5/HPSC.

Mr. Ravinder Malik (Ravi), Advocate, for respondent No.6.

VINOD S. BHARDWAJ, J. (ORAL)

Seeking setting aside of the order dated 13.08.2019 (Annexure P-6) whereby the nomination of the petitioner for consideration to be included in Register -C maintained under Rule 14 of the Haryana Civil Services (Executive Branch) Rules, 2008 for the year 2019 was rejected, the instant writ petition has been filed with a further prayer that claim of the petitioner for inclusion of her name in the said register be considered.

The facts, in brief, are extracted as under: -

The petitioner was appointed as a Block Development and Panchayat Officer with the respondents on 11.01.2011. The Haryana Civil Services (Executive Branch) Rules, 2008 (here-in-after referred to as Rules of 2008) provide for the mode of appointment to the service, which includes appointment from the Register -C. Vide public notice dated 30.05.2019, the State requested the various heads of the Department(s) to send a list of District Development and Panchayat Officers/Block Development and Panchayat Officers for consideration to include their names in the Register- C against 11 vacancies of the Haryana Civil Services (Executive Branch). Vide communication dated 09.07.2019, the Department of Rural Development and Panchayat informed the candidates to submit their higher degree and/or any other certificate issued before and after coming into Government Service by 10.07.2019. The petitioner’s name was mentioned at Sr. No.9 and was included in the list of persons to be considered for entry in Register-C of the Haryana Civil Services (Executive Branch).

It is further averred that one FIR No.26 dated 26.06.2015 under Sections 406, 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code and Section 13 (1) of the Prevention of Corruption Act, had been registered at Police Station, State Vigilance Bureau, Hisar. The petitioner had no role in commission of any offence and was never even mentioned as a suspect in the said case. An inquiry was still conducted but she was also found innocent in the inquiry conducted by the Deputy Superintendent of Police, State Vigilance Bureau, Hisar, which such finding was also approved by the Director, Vigilance, Haryana vide his letter dated 22.08.2016. Hence, no vigilance case was pending against the petitioner as on the date when the applications were invited for the inclusion of names in Register-C against the Haryana Civil Services (Executive Branch) in the year 2019. The petitioner submitted a letter dated 13.07.2019 regarding her vigilance clearance and for consideration of her nomination to Register -C under Rule 14 of the Haryana Civil Services (Executive Branch) Rules, 2008, for the year 2019. The aforesaid claim of the petitioner was corroborated vide letter dated 18.07.2019 addressed by Director, State Vigilance Bureau, Haryana, reiterating that after due investigation, the petitioner was found innocent and a final report under Section 173 (2) Cr.P.C. (as it was then) had already been prepared on 04.12.2017 against other accused. The office of the Chief Secretary addressed a letter dated 19.07.2019 to the Principal Secretary, Government of Haryana, in the Development and Panchayat Department, to take necessary action in the light thereof. The respondents, however, rejected the claim of the petitioner for being nominated to Register -C vide order/letter dated 13.08.2019 on two grounds i.e. firstly, that investigation in the FIR was pending and secondly, that vide order dated 15.05.2018 recovery of Rs.3,93,000/- had