SURENDRA SINGH NEGI Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) These are seven connected writ petitions under Article 226 of the Constitution of India involving though familiar constitutional question based on Articles 14 and 16, which are covered by the terse and emphatic enunciation of law by the Apex Court, the setting too is familiar as also the substitutions. For these reasons, a brief narration of facts and a common judgment in all the seven cases with suffice.

(2.) 1862 posts of constables in Central Industries Security Force (for short 'CSIF') in the pay scale of Rs. 825-1200 were advertised in October 1996. These posts were spread over various states of the country. Out of these 1892 posts, 115 posts were allocated to the CISF unit of Food Corporation of India, Gorakhpur and the same number posts, i.e., 115 were allocated in CISF unit of Bharat Heavy Electrical Ltd., Jhansi. Separate Boards for recruitment/selection of the candidates of the two units of Gorakhpur and Jhansi were constituted. The selection process commenced at both the units on 20th October, 1996. In Jhansi unit, the process was completed on 8.11.1996 while in Gorakhpur unit it was concluded on 16.11.1996. The select lists were required to be approved by Deputy Inspector General, CISF (North Zone), Delhi, Sri Akbar All Khan was the DIG, CISF (North Zone) at the relevant time the Select list of Jhansi was approved by Sri Khan on 20.11.1996 and on 28.11.1996 he directed Sri Baral. Commandant/Chairman, Jhansi Board of Recruitment to complete the pre-enrolment formalities and to issue appointment letters in respect of the candidates selected for BHEL, Jhansi. Similarly Sri Khan, DIG (North Zone) accorded approved to the select list of Gorakhpur unit on 4.12.1996 and Sri P.P. John Alex, Commandant and Chairman of the Gorakhpur Recruitment Board was directed to complete the formalities and issue Letter of appointment to the candidate selected for Food Corporation of India, Gorakhpur.

(3.) Under the instruction contained in letter dated 17.10.1996, issued by the Director General, CISF, New Delhi, the DIG (North Zone) was required to forward the recommendation and proceedings of the Boards of Recruitment to CISF Headquarters for final clearance. Before final clearance in the matter could be accorded, a spate of complaints containing allegations of favouritism, nepotism, corruption and mal- practices with regard to the selection process, in general, and against Sri Akbar Ali Khan, DIG (North Zone), CISF, in particular, came to be made. The Director General, CISF ordered for discreet enquiries in the matter. Sri R.K. Shukla, DIG intelligence operation made enquiries. Thereafter, Sri Kishore Kunal, IPS. Inspector General/CISF (Eastern Sector), Patna was debuted by the order of the Director General, CISF to make enquiries. Sri Kunal submitted a preliminary report of esquire on 9.4.1997 in which he reported that at least seven Mohammedan candidate ( all 'Khans') have been selected on the intervention of Sri A.A. Khan, DIG, CISF (North Zone). It was reported that undue favour has been shown to these seven candidates on account of their proximity to the DIG, that the two candidates, namely S/Sri Mohd. Hafees Khan and Mohd. Naushad Khan belong to DIG's native place and were his neighbours, the other candidates are either his relatives or have been in close touch with him for long. It was also hinted that Sri A.A. Khan, DIG had pressurised Sri Baral to include these candidates in the select list and Sri Baral succumbed to pressure as he was given an indication that the DIG. Sri Khan will help Sri Baral in getting a extension of tenure in service. A probe was also made in respect of certain other candidates against whose selection complaints were made. Sri Kunal, Inspector General (E.S.) reported that about the selection of other candidates named in the complaint, it was learnt that on middle man (Dalai) had taken them to recruitment centre after taking some money but whether played some part in the selection of the candidates was not confirmed. The probe, according to Sri Kunal was to go on and required some more time. A passing reference was also made by Sri Kunal to the circumstance that certain candidates of Estern U.P. performed to go to the distant Jhansi Recruitment Centre instead of applying and appearing before the adjacent Recruitment Centre. This fact was intriguing and, according to Sri Kunal, it indicated. That the candidates of eastern belt had been assured by some persons yielding authority of those who were every close to the authorities to get them selected from Jhansi Recruitment Centre. It was in effect, a provisional reports in the matter and the detailed report was to follow. On receipt of this report, the Director General scrapped the recruitment by order dated 11.4.1997. This order was communicated to the concerned authorities on 17.4.1997. On account of the scrapping of the whole recruitment and selection process, the petitioner who claim themselves to have been duly selected by the Recruitment Boards of Jhansi and Gorakhpur and as approved by the DIG, Sri A.A. Khan could not secure appointment letters. It is in the context of these facts that the petitioner have prayed for the relief that the order dated 17.4.1997 issued by the Director General CISF, New, Delhi, scrapping the recruitments be quashed and that the respondents be commanded to send the petitioner for training of constable of CISF and to appoint them on the said posts in pursuance of their selection held pursuance to the advertisement dated 28.10.1996.