PUBLIC SERVICE COMMISSION J&K Vs. STATE

JUDGEMENT

(1.) THE J&K Public Service Commission conducted combined competitive services examinations in the year 1995. The process culminated in empaneling on select list the candidates who succeeded. The State Government acting on Select list issued order of appointment in favour of selectees. Some of the candidates who failed to make to the selection grade, filed number of writ petitions. Seven writ petitions with lead case Mohan Lal Vs. State (SWP No. 676/99) came to be disposed of by a common judgment. The court on the statement of Shri D.C. Raina, Advocate of PSC that Public Service Commission has resolved to refer the matter to CBI, directed CBI to investigate pilferage and tampering of answer books/answer scripts. FIR has been registered while sealing the record of the said examinees of PSC. The investigation agency summoned original answer scripts of candidates who passed the written examination and then were called for interview. The original award rolls, set and sent by the examiners with other documents were also required by the investigating agency. The High Court has taken care to provide opportunities to the parties to seek directions from the court in respect of the said matter by observing thereto in CMP No. 2954/99 (OWP NO. 679/99) "parties as well as CBI are at liberty to seek other and further directions as may be required from time to time in this behalf. The High Court is already seized of the matter in the main petition as also in the CMPs filed thereto.

(2.) ON the application of CBI Inspector, the investigating officer, Chief Judicial Magistrate, Srinagar passed an order on 13 -09 -2000 asking the Public Service Commission to handover the documents to investigating officer in connection with investigation of the case. On further motion of the investigating agency that the PSC is not cooperating and is not giving record to the agency, the CJM, Srinagar passed another order on 20 -09 -2000 on complaint of the non -compliance of earlier order. Notice was issued and the PSC appeared through counsel. However, the CJM, Srinagar asked for appearance of the Secretary of PSC. Against these two orders PSC through its Secretary filed a revision petition which came to be disposed of as dismissed by order dated: 13 -03 -2000 by Addl.; District & Session Judge, Srinagar. This order of dismissal of the revision is under challenge and prayed to be quashed in exercise of powers U/s 561 -A Cr.P.C, by this court.

(3.) HEARD Ld. counsel for the petitioner. Record examined. Impugned order perused. The resolution of PSC and registration of FIR is not denied. The reference of the matter to and investigation by CBI, at the instance of PSC, by the High Court is not also denied. Sealing of the relevant record of PSC concerning KAS combined examination of 1995 and investigation of the matter by CBI regarding pilferage and tampering of answer sheets/scripts is not refuted Seeking directions in the matter of investigation as referred above, is left open by the High Court in writ proceedings. Under order dated: 13 -09 -2000 of CJM, Srinagar, the Secretary to PSC is under directions to hand -over the required documents to one N.S. Yadav Inspector CBI, the investigating officer of FIR No. RC 2 (s)/2000 -SIU XVI U/Ss 120 -B read with 280 RPC and 380 RPC, the case registered inconnection with pilferage, tampering and theft of answer sheets of the examinees of the KAS Combined Service Examination of 1995. Chief Judicial Magistrate, Srinagar has directed the PSC to comply with this order. When this order after service on the Secretary was not complied with the Inspector Investigating officer filed another application before CJM, Srinagar for appropriate orders on the plea that the investigation is being unduly delayed without any valid or justified reason on the part of PSC, who fail to produce the record as directed by the court. On this application CJM, Srinagar on 20 -09 -2000 while recording the presence of counsel Mr. G. Ali, directed the notice for personal appearance of the secretary PSC to explain why the record/documents have not been made available to the CBI.