Delhi High Court - Orders
Ram Kishor Meena And Ors vs Union Of India And Ors on 24 July, 2020
Author: Rajiv Sahai Endlaw
Bench: Rajiv Sahai Endlaw, Asha Menon
$~16
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4530/2020
RAM KISHOR MEENA AND ORS ..... Petitioners
Through: Mr. Ankur Chhibber, Mr. Anshuman
Mehrotra and Mr. Harsh Dhankar,
Advs.
Versus
UNION OF INDIA AND ORS. ..... Respondents
Through: Mr. Rahul Sharma, CGSC with Mr.
C.K. Bhatt, Advs. with Mr.
Sudhanshu Kumar, JAG Dli Comdt.
SSB.
CORAM:
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 24.07.2020 [VIA VIDEO CONFERENCING]
CMs No.16349/2020 & 16350/2020 (both for exemption)
1. Allowed, subject to just exceptions and as per the extant rules.
2. The applications are disposed of.
W.P.(C) No.4530/2020 & CM No.16348/2020 (for stay)
3. The 53 petitioners, promoted/appointed on 2nd March, 2017 as Sub- Inspectors (SI) (Ministerial) in the respondents Sashastra Seema Bal (SSB), in consequence of being successful in Limited Departmental Competitive Examination (LDCE) held on 18th January, 2017 against the vacancies in LDCE quota of 25%, in the rank of SI in respondents SSB for the years W.P.(C) 4530/2020 Page 1 of 3 2016-2017, have filed this petition impugning the order dated 17 th July, 2020 invalidating their promotion/appointment as SI.
4. It is the case of the petitioners, (i) that in the advertisement published on 8th November, 2016 of the LDCE, only 8 vacancies were advertised though there were 61 vacancies; (ii) that on 16th February, 2017, when the result of the examination was pronounced, 8 candidates were selected against the advertised vacancies; (iii) however vide Signal dated 2nd March, 2017, the vacancies were increased from 8 to 61 and revised select list of successful candidates was published, reflecting the names of the petitioners also; (iv) that the petitioners having been successful in the LDCE for the post of SI, tendered their technical resignation from the post of Assistant Sub Inspector (ASI), to join as SI; (v) that W.P.(C) No.2559/2017 and W.P.(C) No.2081/2017 of this Court, were filed impugning the selection of 61 candidates, instead of 8 candidates in the said LDCE; (vi) that W.P.(C) No.2559/2017 was dismissed on 22nd October, 2018 vide Annexure P-6 (the counsel for the petitioners, on enquiry states that the said order has attained finality); (vii) that W.P.(C) No.2081/2017 is still pending consideration and is listed next on 10th August, 2020; (viii) that a similar petition was also filed before the High Court of Patna, Bihar and which is still pending; (ix) that after the LDCE for 2016-2017, vacancies against the LDCE of the year 2017-2018 have also been filled up; (x) that on 30th September, 2019, Court of Enquiry was ordered into the increase in vacancies advertised for the year 2016-2017, from 8 to 61; (xi) that in the meanwhile, the petitioners, on completing two years of probation in the post of SI, have been confirmed to the said post on 15th July, 2017; and, (xii) that now vide the impugned order dated 17th July, 2020 the appointment of 53 petitioners to the post of SI has W.P.(C) 4530/2020 Page 2 of 3 been invalidated.
5. Prima facie it appears that in view of the order dated 22nd October, 2018 of dismissal of W.P.(C) No.2559/2017 having attained finality, the challenge, even if any pending in W.P.(C) No.2081/2017 and in the petition before the High Court of Patna, does not survive and the Court of Enquiry and invalidation of appointments is erroneous.
6. The counsel for the respondents appearing on advance notice states that the order dated 15th July, 2017 of confirmation of the petitioners to the post of SI was issued without authorisation and an enquiry has been initiated.
7. Issue notice.
8. Notice is accepted by the counsel for the respondents.
9. If possible, counter affidavit be filed before 10th August, 2020.
10. Till further orders, status-quo qua appointments dated 2nd March, 2017 of the petitioners and qua the 53 vacancies be maintained.
11. List on 10th August, 2020 along with W.P.(C) No.2081/2017.
12. If physical hearing has not resumed till then, list both the petitions for virtual hearing.
RAJIV SAHAI ENDLAW, J.
ASHA MENON, J.
JULY 24, 2020 'bs' W.P.(C) 4530/2020 Page 3 of 3