Parmod Kumar v. K. S. Pannu, Administrator, The Nawanshahr Central Coop. Bank Ltd.
2001-11-08
R.L.ANAND
body2001
DigiLaw.ai
Judgment R.L.Anand, J. 1. Through this order, I would like to depict how the judicial orders are being flouted by the Administrator/Board of Directors of the Nawanshahr, Central Cooperative Bank Limited. I will further try to highlight that in spite of the representations given to the Courts that certain action would be taken, still nothing is being done for the reasons best known to those persons who are sitting over the seats. 2. Some fact can be noticed in the following manner. 3. Some post of Junior Clerk-cum-Typists were filled by the Board of Directors of the Nawanshahr Central Cooperative Bank Limited. These appointments were challenged in the Honble High Court on the various pleas including the one that the candidates who have been selected had no requisite experience and their essentialities have been put at rest in order to accommodate the selected candidates. The writ petition came up for consideration before the High Court and the Honble Division Bench passed the following order on 18th May, 1999 : "The petitioners pray that the selection and appointment of respondent Nos. 6 to 44 as Junior Clerks-cum-Typists be quashed. Mr. Vinod Sharma who appears for the respondent-Bank states that on enquiry it has been found that a proper selection had not been made. He has shown us the application forms of certain candidates. In particular, it has been pointed out that even in cases where the candidate had conceded that she had no experience as certificate was placed on the file and marks were allotted to her. It has also been stated that candidates who were living in urban area were shown to be belonging to the rural area and were awarded marks on that account. Mr. Patwalia who appears for the selected candidates prays for a short adjournment to enable him to see the record and to check up the factual position with his clients." 4. Resultantly, the civil writ petition was adjourned to 27th May, 1999 and then to 2nd June, 1999 and on the said day, the following order was passed by the Honble Division Bench : The petitioners complain that respondents Nos. 6 to 44 have been arbitrarily appointed as Junior Clerks-cum-Typists by the Nawanshahr Central Cooperative Bank Limited. They pray that the appointment be quashed. Notice of motion was issued. Mr.
6 to 44 have been arbitrarily appointed as Junior Clerks-cum-Typists by the Nawanshahr Central Cooperative Bank Limited. They pray that the appointment be quashed. Notice of motion was issued. Mr. Vinod Sharma who appears for the Administrator of the respondent-Bank states that appointments had been made in total violation of the rules. An inquiry had been held. It was found that the marks had been initially awarded and recorded with a lead pencil. These were subsequently over-written with the pen ink. In view of the various irregularities noticed, the bank is proceeding to set aside the appointment of respondent Nos. 6 to 44. Mr. Vinod Sharma further states that the needful shall be down without any avoidable loss of time. Mr. Patwalia who appears for respondent Nos. 6 to 44 states that the writ petition is not maintainable against the respondent-Bank and it should be dismissed on this short ground alone. In view of the above statement of the counsel for the Bank, the writ petition has been rendered infructuous. It is accordingly disposed of. No costs". 5. I have heard Shri R.S. Ghuman on behalf of the petitioners and Shri Vinod Sharma on behalf of respondent No. 1 and with their assistance, have gone through the record of this case. 6. The grievance of the learned counsel for the petitioner is that the directions were passed by the Bench on 2nd June, 1999 in spite of the fact that it was assured on behalf of the Administrator to the Bench that the needful shall be done without any avoidable loss of time, yet after the expiry of more than two years nothing has been done, rather the candidates who were not qualified for the said posts are still in service. 7. The learned counsel appearing on behalf of the respondent submits that in pursuance of the order dated 2nd June, 1999 certain steps were taken by the authorities to terminate the services of the selected employees. Show cause notices were issued to them. The selected candidates went in the appeal and they obtained the stay orders. That order was contested. Now it has been vacated. It has also been submitted by the learned counsel for the respondent that Mr. Pannu, respondent No. 1, has been transferred and the Board of Directors has taken over the bank and no wilful contempt has been committed by respondent No. 1 8.
That order was contested. Now it has been vacated. It has also been submitted by the learned counsel for the respondent that Mr. Pannu, respondent No. 1, has been transferred and the Board of Directors has taken over the bank and no wilful contempt has been committed by respondent No. 1 8. Strange are the ways of the bureaucracy which is more inclined to commit irregularities at the first instance and then tried to shelter and defend those irregularities by creating inordinate/criminal delay. The present is the example. In spite of the fact that the learned counsel appearing for the Bank gave an assurance on 2nd June, 1999 to the effect that the needful shall be done without any avoidable loss of time, yet the candidates who had no experience and without any essential qualifications are holding the post of Junior Clerks-cum-typists. When it was admitted by the lawyer appearing on behalf of the Bank before the Bench that illegality and irregularity had been committed in the selection of the candidates, there was hardly any necessity to adopt the principle of natural justice. In fact, they were the usurper of the public posts. The person, who is usurper of public post, has no right to say that he should be given the chance to explain his conduct. Moreover, the selected candidates were represented before the Bench. Instead of straightaway implementing the order dated 2nd June, 1999 by terminating the services of respondent Nos. 6 to 44, the authorities howsoever were in power in the year 1999 or afterwards, adopted a novel method just to oblige and favour the selected candidates. This action has to be deprecated at the command of the judiciary. 9. In these circumstances, I allow this contempt petition and declare that the appointments of respondent Nos. 6 to 44 were totally illegal. They were the usurpers of the posts. They have no business to work. I further give directions to the Board of Directors of the Bank not to pay any salary to these employees henceforth and their services shall be deemed to have been terminated with the passing of the present order. I further direct to the Board of Directors to start a fresh process of selection in accordance with law and fill up these posts as early as possible. This order of mine shall be complied with by the Board of Directors forthwith.
I further direct to the Board of Directors to start a fresh process of selection in accordance with law and fill up these posts as early as possible. This order of mine shall be complied with by the Board of Directors forthwith. Copy of this order be given Dasti to both the parties.