LAWS(P&H)-2014-4-322

SHAILENDER KUMAR Vs. SH. DHARAMBIR SINGH

Decided On April 28, 2014
SHAILENDER KUMAR Appellant
V/S
Sh. Dharambir Singh Respondents

JUDGEMENT

(1.) THE compliance report has been filed by the Chief Secretary of the State Government of Haryana. This is in pursuance to the report of the Committee regarding recruitment of 350 Constables in the Government Railway Police and Haryana Armed Police in 2004. There is practically little doubt that the process has been grossly tainted in view of the material which has come on record on investigation by the CBI. However, the Committee has opined that since the record was destroyed by the Chairman of the Selection Board as soon as the High Court ordered CBI inquiry, in the absence of the record, it is not possible to point out who are the candidates selected on merits and who have come through a tainted process. This view has been stated to have been endorsed and the decision stated to be taken by the State Government on 16.2.2014.

(2.) THE aforesaid approach seems to have completely lost sight of the observations made by us on 18.9.2013 in the following terms:

(3.) WE , however, are faced with a situation where the present proceedings are arising in contempt proceedings, though there is a separate substantive writ petition before us challenging the decision of the Government in suo motu proceedings. It is only in those proceedings, it will be feasible for us to issue any directions in view of the present proceedings being in the nature of the contempt proceedings.