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On the other hand,Md FAC |
A.R.Khan,Secretary (Revenue) has made many appointments of Mandols/ Process Servers/ Zilladars in the recent months against which I have been complaining that the Secretary (Revenue) has no power or authority to make any appointments of field staff as per Rules provided under M.L.R.Act,1960.In this regard,I have appris... |
He has been making false and wrong allegations against the Commissioner (Revenue) and putting him false position FAC |
It is for this reason,I have been writing to all the Deputy Commissioners in the Districts even by sending W/T messages clarifying the actual position of making any appointment of Revenue field staff FAC |
I still deny that I have made any appointment of field staffs of Revenue Department during the recent months FAC |
Submitted for information and consideration FAC |
Sd/-12/1/98 (Annayok J.Tayeng FAC |
Commissioner (Revenue FAC |
Govt.of Manipur,Minister (Revenue FAC |
In view of the aforementioned stand taken by the said Shri Tayeng,the offers of appointment issued in favour of the Respondents were cancelled by an order dated 17.02.1998.A corrigendum thereto was,however,issued on 21.02.1998 stating: "No.2/15/93-Com(Rev FAC |
Temp-I: Please read as "August/97" in place of "October/97" occurring in the 4th line of this Government order No.2/15/93 Com(Rev FAC |
Temp-I dated 17-2-1998 FAC |
In Civil Appeal arising out of SLP (C) No.19375-19376 of 2005,the respondents were appointed on ad hoc basis for a period of six months FAC |
Their appointments were also cancelled on similar grounds FAC |
The respondents herein filed writ petitions before the High Court on 4.06.1998 questioning the said order of cancellation of their appointments Ratio |
The said Shri Tayeng retired on 28.02.1998.Despite the fact that he,in his UO Note dated 12.02.1998 addressed to the Minister of Revenue,denied to have made any appointment,when approached by the writ petitioners respondents,he affirmed in their support an affidavit in the High Court stating: "3.That,while I was functi... |
I also issued appointment order under my signature FAC |
After my retirement from service I have no access to such files FAC |
As stated above,I was transferred and posted to the Manipur Electronics Development Corporation during 1997 FAC |
4.That after my retirement,some of the writ petitioners civil Rule No.568 of 1998,came to me and show copy of the writ petition and the counter affidavit of the respondent No.1,2 and 3.I have gone through the copy of the writ petition and the counter-affidavit and annexures thereto FAC |
The Xerox copy of the cyclostyled appointment order bearing No.1/14/97 FAC |
Com (Rev.) dated 11.9.97 (annexure A/1 to the writ petition) appointing 3 persons to the post of Mandol and No.1/14/97 Com.(Rev FAC |
dated 11.9.97 (Annexure A/2 to the writ petition) appointing 4 persons to the post of Mandol,are perused by me minutely FAC |
I submit that these appointment orders (annexures A/1 and A/2) bear my signature (initial) and appear to have been issued under my signature FAC |
It appears that the appointment orders were issued after complying the formalities prescribed there for which can be ascertained from the relevant official file FAC |
Since I have retired from service,I have no access to the file and do not know what might have been in the file and where is the file FAC |
Verified that the above statements are true to the best of my knowledge and no part of it is false FAC |
The writ petitions filed by the respondents herein were allowed by a learned Single Judge of the High Court opining: (i RLC |
The principles of natural justice having not been complied with,the impugned orders cannot be sustained RLC |
ii RLC |
Whereas,in the impugned order,the appointments of the respondents were said to have been passed without the knowledge of the Administrative Department (Revenue Department); in the counter affidavit,it was stated that no records were available in respect thereof and,thus,the said plea being inconsistent with each other,... |
Chief Election Commissioner,Delhi and Ors.[AIR 1978 SC 851 1977 Indlaw SC 53 RLC |
However,it was observed: "However,it is further made clear that the State respondent are at liberty to initiate or take up any appropriate legal action in the matter pertaining to their alleged fake appointments in their respective posts in accordance with law and pass necessary order after affording reasonable opportu... |
iii RLC |
So far as the matter relating to Civil Appeal arising out of SLP (C) No.19375-19376 of 2005 is concerned,it was directed that as the appointment of the respondents were made for a period of six months,the employees were only entitled to the salary for the said period RLC |
The writ appeals preferred there against by the appellants herein were dismissed FAC |
Mr ARG |
Jaideep Gupta,learned senior counsel appearing on behalf of the appellants,would submit that the High Court went wrong in passing the impugned judgment insofar as it failed to take into consideration that in a case of this nature it was not necessary to comply with the principles of natural justice ARG |
Strong reliance in this behalf has been placed on Kendriya Vidyalaya Sangathan and Others v ARG |
Ajay Kumar Das and Others [(2002) 4 SCC 503 2002 Indlaw SC 287 ARG |
It was argued that the question,as to whether appointments were made without the knowledge of the Department or for that matter whether any record was available there for was of not much significance as in effect and substance they lead to the same inference and in that view of the matter,the decision of this Court in ... |
S.B.Sanyal,learned counsel appearing on behalf of the respondents,on the other hand,would submit that the question as to whether the appointments of the respondents were nullities or not having not been raised before the High Court,this Court should not permit the appellants to raise the said contention at this stage A... |
The learned counsel would submit that even in a case of this nature,it was incumbent upon the appellants to comply with the principles of natural justice ARG |
Strong reliance in this behalf has been placed on Parshotam Lal Dhingra v ARG |
Union of India ARG |
AIR 1958 SC 36 1957 Indlaw SC 103],Murugayya Udayar and Another ARG |
v ARG |
Kothampatti Muniyandavar Temple by Trustee Pappathi Ammal ARG |
1991 Supp (1) SCC 331 1991 Indlaw SC 904] and Kumari Shrilekha Vidyarthi and Others v ARG |
State of U.P.and Others [(1991) 1 SCC 212 1990 Indlaw SC 463 ARG |
The State while offering appointments,having regard to the constitutional scheme adumbrated in Arts.14 and 16 of the Constitution of India,must comply with its constitutional duty,subject to just and proper exceptions,to give an opportunity of being considered for appointment to all persons eligible there for Ratio |
The posts of field staffs of the Revenue Department of the State of Manipur were,thus,required to be filled up having regard to the said constitutional scheme Ratio |
We would proceed on the assumption that the State had not framed any recruitment rules in terms of the proviso appended to Art.309 of the Constitution of India but the same by itself would not clothe the Commissioner of Revenue to make recruitments in violation of the provisions contained in Arts.14 and 16 of the Const... |
The offers of appointment issued in favour of the respondents herein were cancelled inter alia on the premise that the same had been done without the knowledge of the Revenue Department of the State Ratio |
No records there for were available with the State Ratio |
As noticed hereinbefore,an inquiry had been made wherein the said Shri Tayeng,the then Commissioner of Revenue stated that no such appointment had been made to his knowledge Ratio |
The State proceeded on the said basis Ratio |
The offers of appointment were cancelled not on the ground that some irregularities had been committed in the process of recruitment but on the ground that they had been non-est in the eye of law Ratio |
The purported appointment letters were fake ones Ratio |
They were not issued by any authority competent therefor Ratio |
If the offers of appointments issued in favour of the respondents herein were forged documents,the State could not have been compelled to pay salaries to them from the State exchequer Ratio |
Any action,which had not been taken by an authority competent therefor and in complete violation of the constitutional and legal framework,would not be binding on the State Ratio |
In any event,having regard to the fact that the said authority himself had denied to have issued a letter,there was no reason for the State not to act pursuant thereto or in furtherance thereof Ratio |
The action of the State did not,thus,lack bonafide Ratio |
Moreover,it was for the respondents who had filed the writ petitions to prove existence of legal right in their favour Ratio |
They had inter alia prayed for issuance of a writ of or in the nature of mandamus Ratio |
It was,thus,for them to establish existence of a legal right in their favour and a corresponding legal duty in the respondents to continue to be employed Ratio |
With a view to establish their legal rights to enable the High Court to issue a writ of mandamus,the respondents were obligated to establish that the appointments had been made upon following the constitutional mandate adumbrated in Arts.14 and 16 of the Constitution of India Ratio |
They have not been able to show that any advertisement had been issued inviting applications from eligible candidates to fill up the said posts Ratio |
It has also not been shown that the vacancies had been notified to the employment exchange Ratio |
The Commissioner furthermore was not the appointing authority Ratio |
He was only a cadre controlling authority Ratio |
He was merely put a Chairman of the DPC for non-ministerial post of the Revenue Department Ratio |
The term "DPC" would ordinarily mean the Departmental Promotion Committee Ratio |
The respondents had not been validly appointed and in that view of the matter,the question of their case being considered for promotion and/ or recruitment by the DPC did not and could not arise Ratio |
Even assuming that DPC would mean Selection Committee,there is noting on record to show who were its members and how and at whose instance it was constituted Ratio |
The Commissioner,as noticed hereinbefore,was the Chairman of the DPC.How the matter was referred to the DPC has not been disclosed Ratio |
Even the affidavit affirmed by Shri Tayeng before the High Court in this behalf is silent Ratio |
The appointing authority,in absence of any delegation of power having been made in that behalf,was the State Government Ratio |
The Government Order dated 12.01.1998 did not delegate the power of appointment to the Commissioner Ratio |
He,therefore,was wholly incompetent to issue the appointment letters Ratio |
The respondents,therefore,in our opinion,were not entitled to hold the posts Ratio |
In a case of this nature,where the facts are admitted,the principles of natural justice were not required to be complied with,particularly when the same would result in futility Ratio |
It is true that where appointments had been made by a competent authority or at least some steps have been taken in that behalf,the principles of natural justice are required to be complied with,in view of the decision of this Court in Murugayya Udayar 1991 Indlaw SC 904 (supra Ratio |
We,as noticed hereinbefore,do not know as to under what circumstances the orders of appointments were issued Ratio |
The said decision is not an authority for the proposition that the principles of natural justice are required to be complied with in all situations Ratio |
In Kumari Shrilekha Vidyarthi 1990 Indlaw SC 463 (supra),this Court was dealing with a question in regard to continuance of the Law Officers PRE |
The question which arose herein was not raised PRE |
It was held: "34.In our opinion,the wide sweep of Art.14 undoubtedly takes within its fold the impugned circular issued by the State of U.P.in exercise of its executive power,irrespective of the precise nature of appointment of the Government Counsel in the districts and the other rights,contractual or statutory,which ... |
It is for this reason that we base our decision on the ground that independent of any statutory right,available to the appointees,and assuming for the purpose of this case that the rights flow only from the contract of appointment,the impugned circular,issued in exercise of the executive power of the State,must satisfy... |
However,we have referred to certain provisions relating to initial appointment,termination or renewal of tenure to indicate that the action is controlled at least by settled guidelines,followed by the State of U.P.,for a long time PRE |
This too is relevant for deciding the question of arbitrariness alleged in the present case PRE |
35.It is now too well settled that every State action,in order to survive,must not be susceptible to the vice of arbitrariness which is the crux of Art.14 of the Constitution and basic to the rule of law,the system which governs us PRE |
Arbitrariness is the very negation of the rule of law PRE |
Satisfaction of this basic test in every State action is sine qua non to its validity and in this respect,the State cannot claim comparison with a private individual even in the field of contract PRE |
This distinction between the State and a private individual in the field of contract has to be borne in the mind PRE |
We in the facts and circumstances of this case do not see any arbitrariness on the part of the State in its action directing cancellation of appointments Ratio |
We may,on the other hand,notice that Kumari Shrilekha Vidyarthi 1990 Indlaw SC 463 (supra) has been distinguished by this Court in State of U.P.and Others v PRE |
U.P.State Law Officers Association and Others [(1994) 2 SCC 204 1994 Indlaw SC 1289] stating: "The reliance placed by the respondents in this behalf on Shrilekha Vidyarthi v PRE |
State of U.P.1990 Indlaw SC 463 is misplaced for the obvious reason that the decision relates to the appointment of the District Government Counsel and the Additional/Assistant District Government Counsel who are the law officers appointed by the State Government to conduct civil,criminal and revenue cases in any court... |
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