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2025 DAILYLAW 53808 (PNJ)

ANGREJ SINGH AND ORS. v. STATE OF PUNJAB AND ORS.

CWP/3870/2009 · 2025-05-21

Aman Chaudhary

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Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT 1179 Angrej Singh and others State of Punjab CORAM: HON Present : AMAN CHAUDHARY, J. (ORAL) 1. dated 26.02.2009. 2. rightly appointed, however, after 4 days of their joining, the were cancelled and 3. submissions of reply filed on behalf of respondents No.1 to 4 17.04.2009, to which counsel during the course of arguments IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Angrej Singh and others Versus f Punjab and Others CORAM: HON’BLE MR. JUSTICE AMAN CHAUDHARY Mr. Om Pal Sharma, Advocate and Mr. Harpal Singh Parmar, Advocate, for the petitioners. Mr. Charanpreet Singh, AAG, Punjab. AMAN CHAUDHARY, J. (ORAL) Prayer made in the present petition is for quashing the orders dated 26.02.2009. Learned counsel submits that the petitioners though were appointed, however, after 4 days of their joining, the were cancelled and consequently relieved. Learned State counsel refers to para 3 of preliminary submissions of reply filed on behalf of respondents No.1 to 4 17.04.2009, to which neither any counter had been filed nor learned counsel during the course of arguments could repel “3. That Regulation 4(2) ibid clearly mandates that the appointments to class III & IV service would be made by the Presidents, District Consumer Forums which includes selection also. However, in the instant case, the President, Dist Taran has not made the selection himself or under his IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CWP-3870-2009 (O & M) Date of decision: 21.05.2025 ....Petitioners ...Respondents BLE MR. JUSTICE AMAN CHAUDHARY . Om Pal Sharma, Advocate and Advocate, Mr. Charanpreet Singh, AAG, Punjab. Prayer made in the present petition is for quashing the orders Learned counsel submits that the petitioners though were appointed, however, after 4 days of their joining, the appointments Learned State counsel refers to para 3 of preliminary submissions of reply filed on behalf of respondents No.1 to 4, dated neither any counter had been filed nor learned could repel, the same reads thus: That Regulation 4(2) ibid clearly mandates that the appointments to class III & IV service would be made by the Presidents, District Consumer Forums which includes selection also. However, in the instant case, the President, District Consumer Forum, Tarn Taran has not made the selection himself or under his PARVEEN KUMAR 2025.05.27 10:42 I attest to the accuracy and integrity of this order/judgment. CWP-3870-2009 -2- supervision but delegated statutory power of selection to a selection Committee consisting of General Assistant to Deputy Commissioner and his Superintendent vide order dated 12.2.09. The copy of the order dated 12.2.2009 is annexed herewith as Annexure R-2. The President of the District Forum, Tarn Taran, had no authority to further delegate his power of selection. By appointing the Selection Committee to recruit the staff without associating himself he has shirked his statutory duties. He entrusted the function to recruit the staff to General Assistant to Deputy Commissioner who was not even a Member of the District Consumer Form. To entrust the function to a foreign agency i.e. General Assistant to Deputy Commissioner is against the statutory rules and thus, proper procedure for recruitment of staff was not adopted. He has merely acted as a post office and merely stamped and adopted the selection made by a committee which was void ab initio under the rules/ regulations. The Selection Committee constituted by the President District Consumer, Forum, Tarn Taran was illegal and thus, the whole selection process stands vitiated. The association of General Assistant to Deputy Commissioner, Tarn Taran in the selection committee was neither permitted by the rules nor any consultation was made with the Hon’ble President of the Staff Commission by the President District Consumer, Forum, Tarn Taran. He constituted the Committee of its own which was violative of the Rules/Regulations.” 4. No right accrues on mere selection as held in Sudesh Kumar Goyal vs. State of Haryana, 2023 SCC OnLine SC 1201 and in view of the stand taken by the respondents referred to above, there is found no reason to interfere in this petition and as such, the same is hereby dismissed. 21.05.2025 (AMAN CHAUDHARY) parveen kumar JUDGE Whether speaking/reasoned : Yes / No Whether reportable : Yes / No PARVEEN KUMAR 2025.05.27 10:42 I attest to the accuracy and integrity of this order/judgment.