REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 6198-6199 OF 2008

(Arising out of SLP (C) Nos. 24777 – 24778 of 2005)

Nirmal Singh Kahlon

…. Appellant

Versus

State of Punjab and others

…. Respondents

WITH

CIVIL APPEAL NOS. 6200-6201 OF 2008

(Arising out of SLP (C) Nos. 25226 – 25227 of 2005)

J.P. Singla and others

…. Appellant

Versus

State of Punjab and others

…. Respondents

J U D G M E N T

S.B. SINHA, J.

Leave granted.

1.

These two appeals involving similar questions of law and fact were

taken up for hearing together and are being disposed of by this common

judgment.

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2.

Nirmal Singh Kahlon, Appellant in appeals arising out of SLP (C)

Nos. 24777-24778 of 2005 was the Rural Development and Panchayats

Minister in the Government of Punjab while the three appellants in appeals

arising out of SLP (C)Nos. 25226-25227 of 2005 were working as Deputy

Directors in the Department of Rural Development and Panchayats,

Government of Punjab at the relevant time.

3.

The State of Punjab had enacted the Punjab Panchayati Raj Act, 1994.

4.

An advertisement for recruitment of 190 Panchayat Secretaries was

issued in the year 1992 for which written test was held in the year 1994 ;

however, the posts could not be filled. In the meantime 545 Panchayat

Secretaries were appointed on ad hoc basis by the State.

5.

One of the applicants, who applied for the post in response to the

advertisement of 190 posts, challenged the said ad hoc appointments by way

of a writ petition which was marked as C.W.P. No.9835 of 1996, titled

Palvinder Singh v. State of Punjab, which was disposed of by a Division

Bench of the Court on 20^th September, 1996 by directing inter alia the

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completion of the selection process as well as for available posts with the

department. Selection against 190 posts of Panchayat Secretaries, for which

written test had already been held was to be finalized on or before 20^th

November, 1996.

6.

Two more advertisements were issued; first on 17/18^th September,

1996 for filling up 700 posts and second on 14^th October, 1996 for filling

up 800 posts of Panchayat Secretaries respectively.

Another advertisement was issued on 19^th September, 1998 inviting

applications from the female candidates also for the post of Panchayat

Secretaries.

In response to the abovementioned advertisements over 1.5 lacs

applications were received, the processing job whereof was handed over to

a Delhi based computer firm. Result of the written test was declared on or

about 14^th October, 2000 in which 3286 candidates were declared

successful. They were called for interview.

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However, no further action appears to have been taken pursuant

thereto or in furtherance thereof. Another writ petition was filed in the High

Court of Punjab and Haryana which was marked as CWP No.11912 of

2000, titled Harmesh Singh and others v. State of Punjab and others. By

an order dated 30^th August, 2001, selection for the post of Panchayat

Secretaries was directed to be completed within one month. The said order

was not interfered with by this Court in a Special Leave Petition filed by the

State which was marked Special Leave Petition (Civil) No. 15843 of 2001

by an order dated 24^th September, 2001. Interviews of the eligible

candidates were held thereafter and 908 candidates were selected.

7.

In or about March, 2002 a change in the State Government took

place. The Congress Party came into power after election. The new

Government made an attempt to reinstate the Panchayat Patwaris whose

services had been terminated by the previous Government pursuant to the

orders of the High Court.

8.

Selection of the said 908 candidates was the subject matter of another

writ petition which was marked as CWP No.5283 of 2003 entitled Veero

Devi v. State of Punjab and others. In the said writ petition the Court

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formed a prima facie opinion that irregularities in the se