CHARNAJIT SINGH Vs. HARINDER SHARMA

JUDGEMENT

(1.) The appellants before us were appointed to certain posts of Clerks, Firemen, Drivers, Peons, Instructors etc. in the Municipal Council of Mansa, Punjab pursuant to three selections made in the year 1993, 1994 and 1995. On certain complaint being made an inquiry was instituted and one Shri Mandeep Singh, Joint Director, Legal Bodies, Municipal Administration made a report that certain relations of the President and other Municipal Councillors were selected by disregarding the others. In spite of the report, no action was taken by the Government to rescind the orders of appointment. At that stage, two Municipal Councillors and wife of one of the Municipal Councillor filed a writ petition before the High Court challenging the appointments of the appellants.

(2.) The principal ground raised before the High Court is that most of the selected candidates are related to the members of the Selection Committee and certain detailed averments were made in that regard in the writ petition as to the nature of the relationship or how distant and how closely they were related to the members of the Selection Committee and other details. They also set out certain other defects in the matter of appointments, but the High Court relied upon only on the aspect of relationship of the parties but without examining the replies filed thereto by the other side nor finding out the nature of relationship between the parties and proceeded to hold that the allegation which has been admitted is sufficient to show that there was bias in their favour and hence the selection stood vitiated and quashed the same. Hence this appeal.

(3.) An examination of the matter in detail would indicate that though some of the selected candidates were related to the members of the Selection Committee, others were not related at all. However, certain Rules have been framed under the Punjab Municipal General Rules, 1979 and Rule 7 provides that "No member of the committee shall be present or vote at or take any other part in any proceeding of a committee or sub-committee relating to a matter in which such member, either his parents or descendants of such members, or descendant of any parent of such members, or descendant or parent of the husband or wife of such member or descendant of such parent last referred to has a direct or indirect interest". Under Rule 8, such relations could be appointed with the previous approval of the Regional Deputy Director, Local Government.