HARDEEP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner is M.Sc in Agriculture from the Haryana Agriculture University, Hissar. He has acquired the decree of Master of Business Administration hand has been working as Probationary Officer in the Punjab National Bank for the last eight years. He appeared in the open competitive examination for recruitment to the Haryana Civil Services (Executive Branch) in 1989 and was selected for the same. Out of the 12 candidates selected, he was placed at number 3 in the merit list, as per result published by Haryana Public Service Commission on 19th June, 1992. Thereafter on 19th October, 1992, he was also cleared in the medical exanimation.

(2.) In the meantime, a matrimonial dispute arose between the petitioner and his wife which resulted in the filling of petition for divorce by the petitioner on 15th October, 1990. On behalf of this wife F.I.R. No. 308 was also lodged against the petitioner on 9th December, 1990, under Section 498-A, Indian Penal Code, in Police Station City, Bahadurgarh District Rohtak. The petitioner got anticipatory bail from the Court of Sessions Judge, Rohtak but the case is still pending.

(3.) Due to pendency of the aforesaid proceedings, the State Government has not issued the appointment order to the petitioner so far, though repeated representations have been made by the petitioner. According to the petitioner, reference was made by the State Government to their Legal Remembrancer, who has opined that the appointment could not be denied to the petitioner due to pendency of the litigation regarding matrimonial dispute, especially when no moral turpitude against the petitioner has been proved so far. It is in these circumstances that the petitioner has approached this Court for the issuance of a writ of mandamus directing the State Government to release the order of appointment which stood withheld only due to the pendency of the aforesaid litigation.