AMARBIR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THIS judgment shall dispose of cases of 57 petitioners who had approached the Supreme Court against the judgment of Full Bench in CWP No. 8421 of 2002 and their cases have been remanded back by the Supreme Court i.e. CWP Nos. 8423, 8434, 8585, 8587, 8592, 8595, 8740, 8741, 8742, 8954, 8957, 14429, 8889, 8447, 8446, 8739, 8591, 14187, 13943, 8449, 8594, 8440, 8431, 8441, 8442, 8430, 10796, 8540, 8422, 8590, 8587, 8596, 8421, 14358, 19062, 8593, 14189, 14188, 8587 of 2002, 1548 of 2003 as well as cases of 24 petitioners who did not approach the Supreme Court against the order dated 07.07.2003 but filed the review applications i.e. CWP Nos. 8424, 8429, 8433, 8547, 8558, 8584, 8586, 8587, 8588, 8589, 14429, 14457, 14599, 10727 of 2002, 2459 of 2003, 1246, 11362 of 2008. The following matters are for disposal which stand referred to the Full Bench on remand from the Supreme Court in the case of Inderpreet Singh Kahlon and others v. State of Punjab : 2006 (5) JT 352. The judgment and termination orders of the candidates were set aside. Three categories of candidates can be segregated for scrutiny. The first category pertains to the candidates who are tainted. The second pertains to the candidates who are adversely effected by the process of selection being vitiated against the rules. The third set of petitioners are those whose petitions were dismissed by the Full Bench of this Court on 7.7.2003 and they did not challenge the said order before the Supreme Court. Their petitions have been revived after the remand whereby the Hon'ble Supreme Court has set aside the orders of the Government terminating the services of those who were appellants in the Supreme Court.

(2.) IN the year 1998, Punjab Public Service Commission (for short 'Commission') held examination for selecting candidates of PCS Judicial and Executive Branches. The selected candidates were appointed and completed 3 years of probation period in service. Shri Ravinder Pal Singh Sidhu was the Chairman of the Commission. About Rs. 22 crores were recovered from his possession alleged to be illegal gratification taken to help candidates in the process of holding examination/interview/selection of candidates for jobs in the state. Apart from money recovered the Investigating Agency collected evidence which was recorded in statements of the witnesses/accused under Sections 161 and 164 Cr.P.C. involving some of the petitioners and the Chairman of PPSC. F.I.R.'s were lodged, trials proceeded and are pending.

(3.) MR . M.C. Berry, Addl. A.G. Punjab has placed on record affidavit dated 08.11.2012 of Shri Rakesh Singh, IAS, Chief Secretary, Government of Punjab, stating therein that pursuant to the Full Bench decision given by this Court in Sirandeep Singh Panag v. State of Punjab, in C.W.P. No. 1626 of 2003 relating to the selection of PCS (Judicial Branch), whereby the candidates against whom no criminal trial/FIR was pending, were ordered to be appointed. SLP Nos. 2504 -2530 of 2010 titled as High Court of Punjab and Haryana v. State of Punjab and others were filed against the said judgment. The same were disposed of by Hon'ble the Supreme Court and the candidates against whom no criminal action/trial was pending, were ordered to be reinstated in service.