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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 2802-2803 of 2002

PETITIONER:

Gurpal Singh

RESPONDENT:

State of Punjab & Ors

DATE OF JUDGMENT: 10/05/2005

BENCH:

ARIJIT PASAYAT & S.H. KAPADIA

JUDGMENT:

J U D G M E N T

ARIJIT PASAYAT, J.

By the impugned judgment a Division Bench of the Punjab

and Haryana High Court held that the appointment of the

appellant as Auction Recorder of the Market Committee,

Patran was invalid and illegal. The said order came to be

passed on the basis of a Writ Petition filed by respondent

No. 4. It is to be noted that the said petition was styled

as a Public Interest Litigation (in short ’PIL’).

A brief reference to the factual aspect would be

necessary.

Appellant was appointed as Auction Recorder on

19.11.1986. Appointment of the appellant was challenged by

one Ashok Kumar, clerk of the Market Committee by filing a

complaint before the competent authority alleging that the

appellant having been convicted under Section 61(1)(a) of

Punjab Excise Act in 1974 for alleged commission of offence

on 21.5.1973 and was therefore ineligible for being

considered for appointment. The complaint w