SURINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This writ petition under Articles 226/227 of the Constitution of India has been filed for issuance of a writ of quo warranto directing Respondent No. 4 to vacate the public office illegally held by him or any other appropriate writ, order or direction quashing the appointment of Respondent No. 4 as Sub-Inspector, Punjab Roadways, Amritsar-I and for grant of any other appropriate relief in the facts and circumstances of the case, on the averments that Rajpinder Singh, Respondent No. 4 appeared in B.A. Part- III examination held in April, 1980 by Guru Nanak Dev University, Amritsar. His candidature was suspended for using unfair means in the examination.

(2.) In April 1982, Subordinate Services Selection Board, Punjab, invited applications by way of advertisement for appointment as Inspectors in Punjab Roadways. As per advertisement and Punjab Roadways (Operational) State Service Class-III Rules, 1977 (hereinafter called the Rules), essential qualifications for appointment as Inspectors in Punjab Roadways are Graduate with two years experience. Respondent No. 4 did not possess the requisite qualifications. He, however, obtained fabricated B.A. Part-III Marks Sheet and Degree and applied for the post of Inspector. On the basis of fabricated Degree, he was appointed as Inspector. Residents of Amritsar made a number of complaints against Respondent No. 4, but no action was taken, as his father had lot of influence in political circles and administration. However in the year 1989 on the basis of the complaints, an enquiry was initiated with regard to his appointment as Inspector and during that enquiry made by the Departmental Authorities, Guru Nanak Dev University informed vide letter No. 1852, dated August 7, 1989 that B.A. Degree submitted by Respondent No. 4 was a forged document. Consequently, Respondent No. 4 was placed under suspension vide order, dated January 22, 1990. The matter was kept pending by the Departmental Authorities for about five years and he continued to draw subsistence allowance at the rate of 75% of his salary without doing any work. Ultimately, his services were terminated by the Divisional Manger, Punjab Roadways, Ferozepur, vide order, Annexure P.1, on the ground that he had obtained appointment on the basis of a bogus Degree. It is further averred that on the following day, the Divisional Manager, Punjab Roadways, Ferozepur, issued another order, Annexure P.2, appointing Respondent No. 4 as Sub-Inspector, Punjab Roadways, Amritsar-I, in the same depot from where his services were terminated a day earlier. According to the petitioner, Respondent No. 4 was appointed as Sub-Inspector in compliance with the written directions issued by the Transport Minister on April 7, 1994. It was further pleaded that as per the Rules, the appointments to the post of Sub- Inspectors are to be made 100% by placement of Conductors and the essential qualifications for the post are Matric and experience on the post of Conductor for a minimum period of seven years, as mentioned in Appendix 'B' to the 1977 Rules. Respondent No. 4 had no experience on the post of Conductor and, as such, did not fulfil the minimum qualifications required for appointment to the post of Sub-Inspector. It is averred that the appointment of Respondent No. 4 as Sub-Inspector is clearly against the statutory rules and for extraneous considerations; and he is usurper to the office of Sub-Inspector. In the appointment order, it was stated that appointment was given to Respondent No. 4 on priority basis in accordance with the instructions issued by the State Government as his father who was Sarpanch of the village, had been killed by the terrorists. In the instructions on the subject, it is provided that the person should have basic qualifications and experience prescribed for the respective post. It is pleaded that the appointment of Respondent No. 4 who does not fulfil the essential qualifications for the post, is clearly illegal, arbitrary and unconstitutional and he has no right to hold the post. Moreover, 100% posts of Sub-Inspectors are to be filled by promotion from amongst all the Conductors. The petitioners further pleaded that they have been working as Conductors in the Punjab Roadways, Amritsar since August 18, 1973 and November 12, 1976 respectively and they are entitled to be considered for promotion to the post of Sub-Inspector. On coming to know about the appointment of Respondent No. 4 as Sub-Inspector, the petitioners made representation, dated February 9, 1996, Annexure P.4. On these averments, the petitioners claim that appointment of respondent No. 4 as Sub-Inspector is liable to be quashed being contrary to the Rules.

(3.) On notice of motion, the claim of the petitioner was resisted by the respondents. Respondent No. 4 filed a separate written statement. According to him, he appeared in B.A. Part-III Examination held in April, 1988 by Guru Nanak Dev University, Amritsar. There was some controversy regarding his candidature. It was admitted to be correct by Respondent No. 4 that he was placed under suspension, enquiry was initiated and ultimately his services were terminated vide Annexure P.1, dated May 10, 1994 on the ground that the University had informed the Department that the Degree produced by Respondent No. 4 was bogus. It was further pleaded that during the period of his suspension, his mother made various representations to the Chief Minister, Chief Secretary and other high-ranking officers. According to Respondent No. 4, his appointment as Sub-Inspector, Punjab Roadways, Amritsar was made on compassionate grounds as a special case. Since he had already served as Inspector for a period of four/five years, he is already deemed to have completed the probation period. Even otherwise, he had completed more than two years service as Sub-Inspector. It is further averred that the petitioners have no locus standi to file the present writ petition as he has now competed his probation period. He pleaded that the petition is highly belated and on these grounds, the same deserves to be dismissed.