As per case facts, an Ex-Serviceman Petitioner, appointed as Manager Grade-1 in 2010, served over 12 years before his services were terminated in 2022, following a show-cause notice. An earlier ...
CWP-9395-2022 (O&M)
and other connected cases -1-
241
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
1) CWP-9395-2022 (O&M)
Date of decision: 14.10.2025
Pradip Kumar Gupta ....Petitioner
Versus
Haryana State Warehousing Corporation and another ...Respondents
2) CWP-15037-2022
Dilbagh Singh ....Petitioner
Versus
Haryana State Warehousing Corporation and others ...Respondents
3) CWP-15043-2022
Rajesh Kumar ....Petitioner
Versus
Haryana State Warehousing Corporation and others ...Respondents
4) CWP-14060-2022
Sandeep Kumar Sharma ....Petitioner
Versus
State of Haryana and others ...Respondents
CWP-9395-2022 (O&M)
and other connected cases -2-
5) CWP-14420-2022
Dharmendra Kumar Pandey ....Petitioner
Versus
Haryana State Warehousing Corporation and another ...Respondents
6) CWP-14477-2022
Deepak Kumar Dwivedi ....Petitioner
Versus
Haryana State Warehousing Corporation and another ...Respondents
7) CWP-15450-2022
Manish Shukla ....Petitioner
Versus
Haryana State Warehousing Corporation and another ...Respondents
8) CWP-9760-2022
Surinder Singh ....Petitioner
Versus
State of Haryana and others ...Respondents
9) CWP-16682-2022
Yatendra Veer Tyagi ....Petitioner
Versus
Haryana State Warehousing Corporation and others ...Respondents
CWP-9395-2022 (O&M)
and other connected cases -3-
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR
Present:Mr. Ajay Pal Singh, Advocate
for the petitioner(s) (CWP-16682-2022).
Mr. Mrigank Sharma, Advocate and
Mr. Anirudh Kaushal, Advocate
Dr. Puneet Kaur Sekhon, Advocate
for the petitioner(s) (in CWP-9760-2022).
Mr. Birender Singh Rana, Senior Advocate with
Mr. Neeraj Mann, Advocate
for the petitioner(s) (in CWP-14060-2022).
Mr. Amar Vivek Aggarwal, Advocate and
Mr. Karanjeet Singh, Advocate
for the petitioner(s)
(in CWP-9395-2022, CWP-14420-2022 &
CWP-14477-2022).
Mr. Vineet Jakhar, Advocate and
Mr. Mohit Thakur, Advocate
for the petitioner(s) (in CWP-15043-2022 &
CWP-15037-2022).
Mr. Rajesh Garg, Senior Advocate with
Ms. Neha Matharoo, Advocate,
Mr. Mandeep Singh, Advocate,
Mr. Padamkant Dwivedi, Advocate and
Ms. Mansi, Advocate
for respondent No.2 (in CWP-9395-2022).
Mr. Hitesh Pandit, Advocate and
Mr. Padamkant Dwivedi, Advocate
for the respondents-HSWC (in all cases).
HARPREET SINGH BRAR, J. (ORAL)
1. This common order shall dispose of aforementioned writ petitions,
as they arise from a similar factual matrix. However, for the sake of brevity, the
facts are taken from CWP-9395-2022.
2. The present writ petition has been filed under Article 226/227 of
CWP-9395-2022 (O&M)
and other connected cases -4-
the Constitution of India for the issuance of a writ in the nature of Certiorari to
quash the impugned termination order dated 20.04.2022 (Annexure P-14) and
the impugned show cause notice dated 27.11.2020 (Annexure P-7). Further, a
writ in the nature of Mandamus is sought, directing the respondents to forthwith
reinstate the petitioner into service with all consequential benefits, including
back wages, and to consider him for promotion to the post of District Manager
with effect from 18.05.2016, when his juniors were promoted.
FACTUAL BACKGROUND
3. Briefly stated, the petitioner is an Ex-Serviceman who rendered 20
years of meritorious service to the nation as a Sergeant in the Indian Air Force,
retiring in 2008. Respondent No. 1, the Haryana State Warehousing
Corporation (hereinafter ‘HSWC’), issued a Public Advertisement No. 3/2009
dated 29.08.2009 (Annexure P-1), inviting applications for various posts,
including Manager Grade-I. One post was reserved for the Ex-Serviceman-
General category. The essential qualification for the post of Manager Grade-I
was stipulated as follows:
“3. Manager Grade-I: (GC-5, SC-2, BCA-1, BCB-1, ESMG-1)
Minimum Qualifications:
Graduate in Agriculture or Commerce or Biology or Economics or
Chemistry with seven years experience in handling and preservation of
agricultural produce in a Government Department, Public Sector
Undertaking, Commercial organization of repute in a managerial or
supervisory capacity on the post carrying pay scale not below the pay
scale of the post of Manager Grade-II in the Corporation. Preference
will be given to persons holding Diploma or Degree in Marketing
Management.
Note: The pre-revised pay scale of the Manager Grade-II in the
Corporation was Rs. 5450-150-6950-EB-150-8000.
Scale of Pay: Rs. 9300-34800+ Grade Pay: Rs. 4000/-
CWP-9395-2022 (O&M)
and other connected cases -5-
Age: 25-35 years”
(Emphasis supplied)
4. The Petitioner as well as one Surinder Singh (the petitioner in
CWP no. 9760 of 2022) both applied for the single post of Manager Grade-I
under the Ex-Serviceman category. At the time of submitting his application,
the petitioner had detailed his experience as follows:
“In Indian Air Force as Airman-Technical Supervisor.
In GCS Computer Pvt. Ltd. as faculty management establishing, PTV-
LCs in Haryana.
In Ultimate Automobiles Pvt. Ltd. as Work Manager CSI Improvement,
workflow management, resolving customer complaints.
In GCS Computer Pvt. Ltd as Admn. Manager-Monitoring and
Controlling of PTV-LCs in Haryana and Chd., complete Administration
and RC-functioning.”
5. Further, the application form contained the following declaration
which was submitted by the petitioner:
“13. Declaration:
I hereby declare that:
a) All statements made in this application are true, complete and correct
to the best of my knowledge and belief. In the event of any information
being found false or incorrect at any time later on ineligibility being
detected before or after the interview/selection/ appointment my
candidature may be cancelled and action can be taken against me.
b) I have read the provisions in the advertisement of the Corporation
carefully and I hereby undertake to abide by them. I fulfil all the
conditions of eligibility regarding age limits, educational qualifications.
experience etc. prescribed in the advertisement and other relevant rules
and instructions.
c) I have never been convicted by criminal court.”
6. A Screening Committee comprising six senior officials of the
HSWC was constituted to scrutinize the 289 applications received. This
Committee, after due diligence, shortlisted only 44 eligible candidates,
including the Petitioner, and recommended them for interview. A high-powered
CWP-9395-2022 (O&M)
and other connected cases -6-
Executive/Interview Committee was constituted by the State Government,
comprising five senior officials, including three IAS officers. This Committee
interviewed the shortlisted candidates. However, against one post advertised for
the category of Ex-Serviceman, both the petitioner-Pardip Kumar Gupta as well
as Surinder Singh were appointed as Manager Grade-I by the then MD vide
Appointment Letters dated 16.02.2010 (Annexure P-2) and 11.02.2010
(Annexure R-8).
7. The Petitioner successfully completed a two-year probation period
and his services were duly confirmed. He continued to serve the Respondent-
Corporation for over 12 years. In 2016, an RTI activist Sh Ravinder Kumar
filed a complaint before the Police Authorities regarding illegal appointments
made in HSWC by the then MD (Annexure P-3). The complainant argued that
the petitioner’s appointment was secured by paying a bribe to the then MD. The
Petitioner submitted a detailed reply denying all allegations. Consequently, the
Petitioner’s promotion to the post of District Manager, which became due in
2016, was kept in abeyance while his juniors were promoted (Annexure P-4).
8. The State Government, vide letter dated 25.07.2016 (Annexure R-
9), directed the Corporation to conduct a fact-finding inquiry into the
complaint. A fact-finding report was submitted on 21.08.2020 (Annexure R-10)
which noted that the merit list was signed by all EC members and that malafide
intention could not be established. It further stated that the petitioner was a
“victim of misdeeds/ procedural lapses” of the administrative branch. On
27.11.2020, the Petitioner was served with a Show Cause Notice (Annexure P-
7) alleging that he did not possess the requisite seven years of experience in
“handling and preservation of agricultural produce” as stipulated in the 2009
CWP-9395-2022 (O&M)
and other connected cases -7-
advertisement. The Petitioner submitted a detailed reply (Annexure P-8) on
09.12.2020, contesting the allegations and asserting that his extensive
experience in the Indian Air Force and elsewhere was duly considered and
found sufficient by the high-powered selection committee.
9. Thereafter, a complaint bearing no 430 of 2021 was filed before
the Ld. Lokayukta Haryana by Sh Ravinder Kumar for conducting an inquiry
regarding the recruitments in question. Vide order dated 24.01.2022 (Annexure
R-12), the Ld. Lokayukta, Haryana forwarded the complaint to the Chief
Secretary to Govt. of Haryana to get the complaint inquired through some
senior officer. The Chief Secretary vide letter dated 03.03.2022 (Annexure R-
13) requested the Additional Chief Secretary, Agriculture & Farmers Welfare
Department to enquire into the matter. The Additional Chief Secretary vide
letter dated 07.03.2022 (Annexure R-14) further called upon the MD to enquire
into the matter and send the factual report to the Government immediately. In
April 2022, Respondent No. 2, joined as the new Managing Director of HSWC.
10. Consequently, a notice for personal hearing was issued to the
Petitioner on 18.04.2022 (Annexure P-12), scheduling the hearing for
20.04.2022. Despite the Petitioner’s request for a postponement to prepare his
defense, Respondent No. 2 conducted the hearing on 20.04.2022 and, on the
very same day, passed the impugned Termination Order (Annexure P-14),
summarily terminating the Petitioner's services after 12 years on the sole
ground of not possessing the requisite experience at the time of appointment in
2010. Aggrieved by this termination, which he contends is a malafide act to
settle scores between two senior IAS officers, the Petitioner has invoked the
extraordinary writ jurisdiction of this Court under Article 226 of the
CWP-9395-2022 (O&M)
and other connected cases -8-
Constitution of India.
11. It was further brought to the notice of this Court that, pursuant to
the Government letter dated 22.04.2022 (Annexure R-15), the respondent-
Corporation conducted an inquiry not only concerning the post of Manager
Grade-I but also with respect to other posts that had been directly recruited by
the then Managing Director of the Corporation during 2009–10. In compliance
with the said directions, a fact-finding inquiry was carried out by Committees
comprising senior officers of the Corporation, constituted vide order dated
22.04.2022 (Annexure R-16). The Committees submitted their reports on
26.04.2022 (Annexure R-17 colly.), wherein it was found that 11 additional
officials had been wrongfully appointed. Consequently, show-cause notices
were issued to them. Furthermore, based on the findings of the Committee, a
complaint dated 29.04.2022 (Annexure R-18) was lodged against the erring
officers/officials responsible for the illegal appointments, and the same was
forwarded to the Police for registration of an FIR in accordance with law.
CONTENTIONS
12. Learned counsel for the petitioner(s) inter alia contends that the
impugned termination Order is ex-facie illegal and void ab-initio as it has been
passed without conducting any departmental inquiry as mandatorily required
under Rule 7 of the Haryana Civil Services (Punishment and Appeal) Rules,
2016 (hereinafter ‘2016 Rules’) for imposing a major penalty. A confirmed
employee cannot be terminated summarily merely by issuing a show cause
notice. The entire action is in gross violation of the salutary principles of Audi
Alteram Partem.
CWP-9395-2022 (O&M)
and other connected cases -9-
13. It is submitted that the Petitioner(s) never concealed any material
fact nor made any misrepresentation. His entire service record and experience
details were scrutinized first by the Screening Committee and then by the high-
powered Executive Committee comprising three IAS officers. If his experience
was deemed insufficient, he would not have been selected. The selection
process was bona fide and the Petitioner was appointed after due application of
mind. Learned counsel argued that there is no dispute with respect to the
petitioner’s lack of essential qualification; instead, the sole controversy pertains
to the possession of the requisite experience.
14. It is further contended that the entire action is vitiated by malafides
and is a classic case of a scapegoat being made in a personal battle between two
senior IAS officers. Respondent No. 2 joined in April 2022 and with tearing
hurry terminated the Petitioner to settle scores with his predecessor under
whom the Petitioner was appointed. The fact that both officers have lodged
cross-FIRs against each other affirms the personal tussle. The learned counsel
emphasized that a successor in office cannot, for personal reasons, overturn the
settled decisions of his predecessor made over a decade ago, especially when it
ruins the career of a hapless employee.
15. Learned counsel contended that the Petitioner, being an Ex-
Serviceman, belongs to a distinct and reserved category. The experience criteria
for such candidates cannot be equated strictly with general category candidates.
The HSWC (Officers and Staff) Regulations, 1994 (hereinafter 1994
Regulations), specifically provide for relaxation. Reliance is specifically placed
on Regulation 27 and Regulation 30. The Hon’ble Supreme Court in State of
Orissa v. Mohd. Yunus 1994 SCC (L&S) 795, has held that fixation of general
CWP-9395-2022 (O&M)
and other connected cases -10-
standards for Ex-Servicemen would be a handicap and some relaxation is
necessary.
16. The learned counsel heavily relied on the judgment of the Hon’ble
Supreme Court in Santosh Yadav (Smt.) v. State of Haryana and Others
1996(9) SCC 320, wherein the Court deprecated the termination of a confirmed
employee after a decade of service on the ground of a qualification defect that
was known at the time of initial appointment. Similarly, a Division Bench of
this Hon'ble Court in Bidhi Chand v. Uttar Haryana Bijli Vitran Nigam,
Panchkula and Others 2002(4) SCT 1028 held that it would be wholly
iniquitous to dispense with the services of an incumbent after allowing him to
work for about nine years.
17. It was submitted that the internal Fact-Finding Report dated
21.08.2020 (Annexure R-10) itself concluded that the Petitioner was a “victim
of misdeeds/procedural lapses” of the Administrative Branch of the HSWC and
that he was “innocent.” The Report attributed the confusion to administrative
lapses, not to any fault of the Petitioner. The Respondents’ action in punishing
the Petitioner for the Corporation’s own errors is perverse.
18. Per Contra, learned counsel for respondents submits that the
Petitioner's appointment was void from the very beginning as he did not
possess the essential experience of “seven years in handling and preservation of
agricultural produce” as stipulated in the advertisement. An appointment
secured without fulfilling the essential qualification is a nullity and cannot be
protected. Reliance is placed on the judgment of the Hon'ble Supreme Court in
Regional Manager, Central Bank of India v. Madhulika Guruprasad Dahir &
Ors., AIR 2008 SC 3266, which held that an appointment conceived in deceit
CWP-9395-2022 (O&M)
and other connected cases -11-
cannot be saved by equitable considerations.
19. Furthermore, the Petitioner, in his application form, gave a
declaration that all information was true and that his candidature could be
cancelled if ineligibility was detected at any stage. It was argued that the
petitioner now cannot turn away from the declaration and undertaking
submitted by him. Submitting a false declaration for getting a government job
is an unpardonable act and hence in the instant case, the petitioner cannot run
away from the fact that he misrepresented his experience in the application
form. Moreover, the advertisement itself contained a specific clause under
“Special Instructions” stating that if a candidate's ineligibility is detected “at
any time after appointment,” his appointment will be terminated. The
Respondents were thus fully within their rights to invoke this clause and
terminate the Petitioner's services, irrespective of the lapse of time.
20. It was contended that the power of relaxation under Regulation 30
of the 1994 Regulations lies with the Board of Directors and must be exercised
by a reasoned order in writing. There is no record of any such relaxation having
been granted in favour of the Petitioner. The mere fact that he was selected does
not imply deemed relaxation. The selection itself was vitiated by the then
Managing Director, who, in a fraudulent manner, appointed two persons (the
Petitioner and Sh. Surinder Singh) against a single reserved post.
21. It was contended that the Petitioner was issued a show cause
notice in November 2020, to which he filed a detailed reply. He was also
granted a personal hearing in April 2022 and was allowed to inspect records.
Therefore, there was no violation of the principles of natural justice. Further,
the action was not malafide but was based on a series of factual inquiries,
CWP-9395-2022 (O&M)
and other connected cases -12-
including a Fact-Finding Report and directions from the Haryana Lokayukta. A
subsequent letter from the former Chairman of the Interview Committee
(Annexure R-19) confirmed that the Executive Committee was “taken for a
ride” by the then Managing Director. The current management is only
rectifying a past fraud.
22. The learned counsel relied upon Union of India and Others v.
Anand Kumar Pandey and Others, 1994 (6) SCC 663, and Hanuman Prasad
and Others v. Union of India and Another, 1996 (10) SCC 742, to contend that
if a selection process is vitiated by malpractices, the courts should not grant
relief on sympathetic grounds, and the entire selection can be nullified in public
interest.
OBSERVATION & ANALYSIS
23. I have heard the learned counsel for the parties and have perused
the record with their able assistance. This Court is of the considered opinion
that the petitioner in the present case has neither acted fraudulently nor
misrepresented his qualifications and experience at the time of submitting the
application form or at any stage thereafter. The petitioner furnished a complete
and transparent account of his experience and no material fact was concealed.
Consequently, the respondents’ contention that the petitioner submitted a false
declaration is untenable. The appointment of the petitioner was the culmination
of a rigorous and multi-tiered selection process wherein their candidature along
with the detailed service record and professional experience, was subjected to a
thorough scrutiny first by the Screening Committee and thereafter by a high-
powered Executive Committee.
CWP-9395-2022 (O&M)
and other connected cases -13-
24. The findings of the first Fact-Finding Inquiry, which submitted its
report on 21.08.2020 (Annexure R-10) are particularly noteworthy in this
regard. The report unequivocally records that the allegation attributed to then
MD, HSWC of having entered into a corrupt arrangement with the petitioner to
₹secure his appointment as Manager Grade-I in exchange for 10 lakhs, is
unsustainable, as no evidence or supporting material has been produced by the
complainant. It is further noted that the appointment of the petitioner and Sh.
Surinder Singh against a single post reserved for the ESM-G category resulted
from lapses on the part of the Administration Branch. The report observes that
the petitioner became a victim of such procedural irregularities and is innocent.
The relevant extracts of the report are reproduced below:
“5. As regards category against which Shri Pardip Kumar Gupta is
recruited, the Administration branch has provided a copy of proceedings
of the selection committise wharnin no reservation category is
mentioned. There is no mention of category on appointment letter of Sh
Surinder Singh. The issue left unsettled in the office record is the
category against Sh. Surinder Singh and Sh. Pardip Kumar Gupta were
appointed as both belonging to ESMG category and applied for one post
reserved for ESMG category. The procedural lapse made at this stage
by the Administration branch cannot be ignored. Since there was only
one post reserved for ESMG category and Sh Surinder Singh was
presumably recruited against this category (having scored 22.7 points
in merit against 21.3 by Sh. Pradip Gupta). Therefore, one seat
reserved for ESMG category is filled by Sh. Surinder Singh.
xx xx xx
On the basis of record, it is established that the clause of reserved
category i.e. ESM-G is not mentioned in the list recommending the
names of candidates in order of merit for appointment to the post of
Manager Grade-l. The reservation category has not been mentioned in
case of Shri Het Ram (belonging to BCB category) but in case of Sh.
Ajay Kumar, the category has been clearly mentioned in the selection list
as BCA. This list has been signed by all the EC members who hold
prestigious and responsible posts in various State Govt departments /
CWP-9395-2022 (O&M)
and other connected cases -14-
Central Govt. PSU and therefore male fide intention behind this
cannot be established.
However, Administration branch failed miserably to bring this fact to
the notice of competent authority and get the category rectified by the
competent authority. The current situation is the result of lapse on the
part of Administration Branch and disciplinary action must be taken
responsible dealing officials.
Sh. Surinder Singh had applied against the category of ESMG scored
22.7 and was placed at Sr. No. 2 in merit list and was posted as Manage
Grade-l at State Warehouse Uklana, Hisar vide office orders dated
11/02/2010. Mr. Pardeep Kumar Gupta was posted as Manager Grade-l
at State warehouse. Fatehabad on 16/02/2010. However, the category is
nowhere mentioned in the appointment letter of Sh, Surinder Singh
sind Sh Pradip Kumar Gupta. Here it was again an opportunity with
Administration branch to get clarification about the category under
which Sh. Surinder Singh. and Sh. Pradip Kumar Gupta have been
appointed but the Administration branch again failed miserably to
perform their duties leading to the current situation. Had it been done
at that time, this situation would not have arisen. The dealing officials
are responsible for not bringing this fact to the notice of competent
authority and disciplinary action must be initiated against them.
Thus Sh. Pradip Kumar has become victim of misdeeds/procedural
lapses as stated above and is innocent.
…MD, HBWC was well aware of the requisite certificate for various
vacancies to be filled up by eligible candidates. This fact is verifiable
from his own action on record whereby he ordered the office to produce
experience certificate in respect of Mr Rajesh Kumar who had been
selected through HSSC for the post of Manager Grade-III. He duty got
verified/ discovered the prescribed experience for the said incumbent
falling which he was denied the appointment as Manager Grade-III. A
Managing Director is the head of organization controlling various
division dealing in various subject matters. He is assisted by supporting
staff to examine the cases as per rules & regulations and bring right
picture before competent authority for decision/action. In case any
discrepancy/lapse at any stage, it was duty of dealing officials of
Administration branch to bring the same to notice of MD which is not
so as per record. It is for the concerned branch to ensure that there is
no procedural lapse in dealing the matter. It was duty of
Administration branch to seek verification of documents, If required,
which never took place. The Administration branch again failed to
CWP-9395-2022 (O&M)
and other connected cases -15-
perform its duties leading to current situation. This fact was neither
brought to the notice of MD.” (Emphasis supplied)
25. It must be pointed out that even the subsequent Fact-Finding
Inquiry Report dated 26.04.2022 (Annexure R-17) does not record any finding
that the petitioner had acted fraudulently or with malice. Moreover, the
petitioner, having been appointed in 2010, has rendered more than fifteen years
of continuous and satisfactory service to the Respondent-Corporation under the
protection of this Court’s interim orders. As discussed hereinabove, since there
is no evidence of fraud or misrepresentation on the part of the petitioner, he is
entitled to the protection guaranteed under Article 311 of the Constitution of
India and his services cannot be terminated without subjecting him to an
appropriate disciplinary proceedings as per relevant service rules. A Two-Judge
Bench of the Hon’ble Supreme Court in Kamal Nayan Mishra v. State of M.P.
2010(1) SCT 624 speaking through Justice R. V. Raveendran, has observed as
follows:
“11. …It is contended that as the attestation form stated that an
employee could be terminated without notice, if he furnishes false
information, the employee is estopped from objecting to termination
without notice. The said contention may merit acceptance in the case of
a probationer, but not in the case of a confirmed Government servant.
No term in the attestation form, nor any consent given by a
Government servant, can take away the constitutional safeguard
provided to a Government servant under Article 311 of the
Constitution…” (Emphasis supplied)
26. As per Regulation 15 of the 1994 Regulations, matters concerning
conduct, discipline, and penalties applicable to employees are governed by the
Government Employees (Conduct) Rules, 1966 and the Haryana Civil Services
(Punishment and Appeal) Rules, 2016 (hereinafter, “2016 Rules”).
CWP-9395-2022 (O&M)
and other connected cases -16-
Consequently, the major penalty of termination can be imposed only after strict
compliance with the procedural safeguards prescribed under Rule 7 of the 2016
Rules, and not merely on the basis of a show-cause notice. In the present case,
no charge-sheet has been issued to the petitioner, nor has any inquiry officer
been appointed. Accordingly, the petitioner’s termination order stands vitiated
for non-compliance with the mandatory procedure and is liable to be set aside
on this ground.
27. Moreover, it is settled law that when there is no misrepresentation
or concealment by a candidate at the time of appointment, and the Selection
Committee, upon due consideration, found him suitable for the post, it would
be unjust and unduly harsh to penalize such an employee after he has rendered
long years of service merely on the ground that he was lacking in certain
prescribed qualifications. The Division Bench of this Court in Varinder Hans v.
Union of India 2019(4) SCT 513 relied on the judgements of the Hon’ble
Supreme Court and observed as follows:
“14. From the above, it is clear that there is no allegation of any
misrepresentation on the part of the petitioner. The documents
submitted by him were duly scrutinized. He was found eligible. He
appeared for the interview. His skill at caning was put to test. He
secured the maximum marks. The expert who evaluated the skill of the
candidates did not find the petitioner lacking in any manner. He was
recommended for appointment and joined on 5.2.2014. He was
terminated on 1.10.2015 after he had worked for about one year and
eight months. There is no observation that he was lacking in skill or
that his work at the PGI was not upto the standards.
15. Hon’ble Supreme Court in Dr. M.S. Mudhol v. Shri S.D. Halegkar
1993 (3) SCC 591 held that where there was no misrepresentation by a
candidate, and despite his not possessing the qualifications he had
been appointed and had worked for considerable time it would be
iniquitous to disturb him. It was observed as under:
CWP-9395-2022 (O&M)
and other connected cases -17-
“6. Since we find that it was the default on the part of the 2nd
respondent, Director of Education in illegally approving the
appointment of the first respondent in 1981 although he did not
have the requisite academic qualifications as a result of which
the Ist respondent has continued to hold the said post for the last
12 years now, it would be inadvisable to disturb him from the
said post at this late stage particularly when he was not at fault
when his selection was made. There is nothing on record to show
that he had at that time projected his qualifications other than
what he possessed. If, therefore, in spite of placing all his cards
before the selection committee, the selection committee for some
reason or the other had thought it fit to choose him for the post
and the 2nd respondent had chosen to acquiesce in the
appointment, it would be inequitous to make him suffer for the
same now. Illegality, if any, was committed by the selection
committee and the 2nd respondent. They are alone to be blamed
for the same.”
16. The Hon'ble Supreme Court in Bhagwati Prasad and ors. v. Delhi
State Mineral Development Corporation 1990(1) SCC 361 held that
even where the candidates did not possess the essential qualifications
but they have worked and gained sufficient experience it would be
harsh to deny them confirmation on the ground that they lacked
essential qualifications. Hon'ble Court observed as under:
"6. The main controversy centers round the question whether some
petitioners are possessed of the requisite qualifications to hold the
posts so as to entitle them to be confirmed in the respective posts
held by them. The indisputable facts are that the petitioners were
appointed between the period 1983 and 1986 and ever since, they
have been working and have gained sufficient experience in the
actual discharge of duties attached to the posts held by them.
Practical experience would always aid the person to effectively
discharge the duties and is a sure guide to assess the suitability.
The initial minimum educational qualification prescribed for the
different posts is undoubtedly a factor to be reckoned with, but it
is so at the time of the initial entry into the service. Once the
appointments were made as daily rated workers and they were
allowed to work for a considerable length of time, it would be
hard and harsh to deny them the confirmation in the respective
posts on the ground that they lack the prescribed educational
qualifications…” (Emphasis supplied)
CWP-9395-2022 (O&M)
and other connected cases -18-
28. Reliance can also be placed on the judgements of Division Bench
of this Court in Sarabjeet Kaur Dhaliwal v. Punjab Agricultural University
2003 (4) S.C.T 132 and Bidhi Chand v. The Uttar Haryana Bijli Vitran Nigam
2002(4) SCT 1028.
29. Furthermore, this Court is of the considered view that the reliance
placed by learned counsel for the respondents on the judgments in Hanuman
Prasad and Others v. Union of India and Another, (1996) 10 SCC 742; Union
of India and Others v. Anand Kumar Pandey and Others, (1994) 6 SCC 663;
and Regional Manager, Central Bank of India v. Madhulika Guruprasad
Dahir and Others, AIR 2008 SC 3266, is wholly misplaced. In all these cases,
the candidates had either acted fraudulently, adopted unfair means, or secured
their appointments through misrepresentation; circumstances that are entirely
absent in the present matter.
30. This Court is also conscious of the fact that the petitioner is an Ex-
Serviceman who has rendered 20 years of meritorious service to the nation as a
Sergeant in the Indian Air Force. A single judge bench of the Hon’ble Apex
Court in State of Orissa v. Mohd. Yunus 1994 SCC (L&S) 795 speaking
through Justice K. Ramrswamy has observed as follows:
“3. …The fixation of the general standard marks prescribed for the
general candidates would undoubtedly be a handicap to the ex-service
personnel who are made to compete with youngsters after several years
of service put in the defence service. The State Government and the
Public Service Commission are directed to consider the desirability to fix
a lesser standard than that of the general candidates as ex- servicemen
have served the nation in its defence and in the process they may not
come on a par with the general candidates. Therefore, some relaxation in
their behalf would be necessary to meet the exigencies of coping up with
CWP-9395-2022 (O&M)
and other connected cases -19-
the reservation given to them. Otherwise, reservation would be
illusory…”
31. The grant of relaxation with respect to qualifications and age for
candidates applying to posts under the Respondent-Corporation is contemplated
within the framework of the 1994 Regulations. Regulations 6, 27, and 30 are
reproduced below:
“6. Qualifications and age. - no person shall be appointed to any post in
the service, unless he is in possession of qualifications and experience
and has attained age specified in column No. 4 and 3 respectively of
Appendix B to these regulations in case of direct recruitment and those
specified in column 5 of the aforesaid Appendix in the cases of
appointment by promotions;
Provided that in case of appointment by direct recruitment, if
candidates with requisite qualifications and experience are not
available, the appointing authority may relax qualifications and
experience.
xx xx xx
27. Reservation. - Nothing contained in these regulations shall affect
reservations and other concessions required to be provided for scheduled
castes, backward classes, ex- servicemen, physically handicapped
persons or any other class or category of persons in accordance with the
orders issued by the Government in this regard, from time to time:
Provided that the total percentage of reservation so made shall not
exceed 50% at any time.
xx xx xx
30. Power of relaxation. - Where the Board of Directors is of the opinion
that it is necessary or expedient to do so, it may, by order, for reasons to
be recorded in writing, relax any of the provisions of these regulations
with respect to any class or category of persons.”
(Emphasis supplied)
32. Although there is nothing on record to indicate that any order of
relaxation was passed by the Board of Directors under Regulation 30, the
Managing Director of the Respondent-Corporation, who is admittedly the
appointing authority for the post of Manager Grade-I as per Appendix ‘C’ of the
CWP-9395-2022 (O&M)
and other connected cases -20-
1994 Regulations, was empowered under the proviso to Regulation 6 to relax
the prescribed qualifications and experience in cases of direct recruitment
where suitable candidates possessing the requisite qualifications and experience
were not available.
CONCLUSION
33. In view of the foregoing discussion, the present petition(s) are
allowed. The impugned termination order dated 20.04.2022 (Annexure P-14)
and the show-cause notice dated 27.11.2020 (Annexure P-7) are hereby
quashed and set aside. The petitioner would be entitled to all consequential
benefits.
34. Pending miscellaneous applications, if any, shall also stand
disposed of.
35. A photo copy of this order be placed on the file of connected cases.
(HARPREET SINGH BRAR)
JUDGE
14.10.2025
Neha
Whether speaking/reasoned: Yes/No
Whether reportable : Yes/No
Legal Notes
Add a Note....