Research › Search › Judgment

Uttarakhand High Court · body

2015 DIGILAW 271 (UTT)

M. D. GUPTA v. WILD LIFE INSTITUTE OF INDIA

2015-05-26

SERVESH KUMAR GUPTA

body2015
JUDGMENT : Hon’ble Servesh Kumar Gupta, J. 1. Having heard learned counsel for all the parties, it transpires that innumerable illegalities and irregularities have been done by the Directors of this Wild Life Institute (an autonomous body working under the Ministry of Forest and Environment, Union of India), the outcome whereof is the illegal appointments and promotions on the whims and caprices of Directors of this Institute, de hors all the recruitment and promotion rules, for the reasons best known to them. By such whimsical and arbitrary action on the part of directors, from time to time, respondent nos.4 to 11 were favoured in the manner of appointment or promotion. If the appointments were made on a particular post, then those were without publication of any advertisement, at any time, rendering an equal opportunity to the competent persons and likewise, the promotions were made by such officer de hors the rules favouring persons of their choice. Such an action on the part of responsible officers, inasmuch as holding the rank of Director, made the petitioner victim. So, he moved to the Government of India. Furthermore, one of the Directors Mr. S. Singsit, when noticed these irregularities and illegalities, he wrote a letter to the Government of India entailing the clause as under: - “Since the procedure for promotions made were not in confirmation to the Recruitment Rules approved by the Governing Body and because of which eligible candidates could not get opportunity to be considered for promotion, it is proposed that the promotions in question should be done afresh and all eligible candidates should be given opportunity to appear in the competitive examination as stipulated in the Recruitment Rules.” 2. In response to that letter, the Government of India, vide letter dated 9.1.2004, issued appropriate directions which are as follows: - “Kindly refer to your letter No.A/2-154/2003-WII dated 21.10.2003 on the above cited subject. In this regard, the undersigned is directed to convey that the appointing authority should take the decision at his level. If any mistake has been committed, the same has to be rectified and responsibility fixed and disciplinary action be taken against those found guilty by following the prescribed rules and procedure.” 3. Even so, nothing happened, much less conducting any disciplinary action against the delinquents and they remained in service for quite a long time and many of them even retired. Even so, nothing happened, much less conducting any disciplinary action against the delinquents and they remained in service for quite a long time and many of them even retired. Some of them have completed more than two decades of their service. 4. It is pertinent to mention that in the year 2007, fresh recruitment Rules were framed. The last clause appended to those Rules seems to be indicted in order to render special favour to the Hindi Translator who is respondent no.7- Smt. Baljeet Kaur, herein, and this lady was appointed without issuing any advertisement just on the basis of pick and choose policy by the then Director. That apart, certain persons, who were not even possessing the minimum qualification, prescribed under the Rules, got appointments at the pleasure of Director. Since all these candidates have completed more than two decades of their service and the Directors, who played such a felonious role, have also since been retired, so, perhaps, it would not be feasible to take any stringent action against those delinquents and to issue the termination orders of these persons but, at least, the petitioner should be safeguarded from injustice. 5. The seniority list of the petitioner has not been finalized so far. Attention of this Court was drawn to the letter dated 25.10.2011 issued by the Government of India to close up the matter. The Court do not agree with the contents of such letter and quashes the directions, whatever issued, in such letter because illegality always remains the same and that can never attain the status of legality. 6. Looking to the above facts, the Court has restrained itself to issue any hard and harsh order against these respondents but at the same time, orders the present Director of the Institute to prepare and finalize the Seniority List of all the Class-III employees, working in the Institute, on different posts giving the notional promotion to the petitioner from the date on which he became entitled on the post of his next gradation and so on. At the same time, the Court quashes the clause ‘The present incumbent on the post of Hindi Translator will remain in the feeder channel for promotion to the post of Section Officer. In future, the isolated post of Hindi Translator will get promotional avenues as per GoI guidelines.’ 7. At the same time, the Court quashes the clause ‘The present incumbent on the post of Hindi Translator will remain in the feeder channel for promotion to the post of Section Officer. In future, the isolated post of Hindi Translator will get promotional avenues as per GoI guidelines.’ 7. The Director of the Institute is also ordered to take appropriate steps to revert back those respondents who have got illegal promotions de hors the Rules. 8. Let the compliance of the order be made as quickly as possible but not later than within six weeks, otherwise the Court may contemplate to lodge the FIR against such delinquent officials and the office superintendent as well, who may be in conspiracy with the Director. The Court may further consider to lodge an FIR against the Director as well as the Office Superintendent besides entrusting the matter to the CBI for holding enquiry in the matter. 9. The petition stands disposed of accordingly.