HIMACHAL PRADESH PUBLIC SERVICE COMMISSION Vs. CHAMAN LAL

JUDGEMENT

(1.) These two appeals are directed against the judgment of the learned Single of this Court in CWP No. 6178 of 2010 whereby he allowed the writ petition filed by Shri Chaman Lal Sharma and set aside the appointment of Shri Chander Mohan Chauhan as Computer Operator on ad hoc basis on 12.9.1991, on regular basis on 30.5.1995 and his promotion which was made on 18.1.1999.

(2.) Briefly stated, the facts of the case are that Shri Chander Mohan Chauhan (hereinafter referred to as the private respondent) was appointed as Computer Operator in the H.P. Public Service Commission (hereinafter referred to as the Commission) on ad hoc basis on 12.9.1991. His services were regularized on 30.5.1995. He was promoted to the post of Programme Planning Officer on ad hoc basis w.e.f. 29.10.1997 and he was regularized, as such, on 18.1.1999.

(3.) After the private respondent was promoted as Programme Planning Officer, one post of Computer operator fell vacant. After selection, Shri Chaman Lal Sharma (hereinafter referred to as the petitioner) was appointed as Computer operator on 3.1.2000. In 2004 one pseudonymous complaint was made in which it was alleged that the private respondent had been appointed as Computer Operator and later promoted as Programme Planning Officer in violation of the Rules. Thereafter, the State of H.P. asked the Commission for its response. The Commission sent a communication on 27th August, 2004 offering its comments and it was stated that the private respondent had been appointed in violation of the Rules. Thereafter, the State Government again asked the Commission to process the matter further and fix the responsibility of the erring official.