CIVIL WRIT PETITION NO. 18346 OF 2004 -1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: January 10, 2008 Parties Name Shalender Kumar ..PETITIONER VERSUS State of Haryana and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH HON'BLE MR JUSTICE JASWANT SINGH PRESENT: Mr. S.N.Yadav, Advocate, for the petitioner. Mr. Rajan Gupta, Advocate, for CBI Mr. Harish Rathee, Sr. D.A.G., Haryana; JASBIR SINGH, J. (oral) Order. Vide advertisement dated June 8, 2003, State of Haryana advertised 350 posts of Constables in Government Railway Police and Haryana Armed Police. The requisite physical test was conducted. After passing the same, the petitioner was asked to appear for interview, which was being conducted to fill up the above said posts. Thereafter, vide Annexure P-4, the petitioner was issued constablory number and he joined the service. However, he was not allowed to join as a Constable by stating that his name figures in the waiting list. At that stage, the petitioner came to this Court. It was alleged at the time of arguments before this Court that large scale irregularities have been committed in preparing the list. By CIVIL WRIT PETITION NO. 18346 OF 2004 -2 taking note of the documents and the arguments raised before this Court on December 13, 2004, C.B.I. was asked to look into the matter and submit its report within four months, which was thereafter extended from time to time. Shri Gupta has shown us final status report in the Court today, wherein it has been recommended that on account of irregularities committed, the prosecution be launched against four persons, whose name found mentioned in para No. 6 clause 16(a) of the said report. Departmental action has also been recommended against above said persons. Shri Gupta, on getting instructions from S. Arman Deep Singh, Additional S.P., C.B.I., Chandigarh, states that during investigation, it was found that large scale bungling was done in preparing the selection list and meritorious persons were kept out without any justification and that the C.B.I. has sent its recommendations to the State Government with a request that necessary sanction be granted for launching prosecution against persons named in para No. 6 clause 16(b) of the final report. Matter is still pending consideration before the Government of Haryana. We have seen the conclusions arrived at by the investigating team, which definitely suggests that the selection was not fair. Be that as it may, nothing can be done at the instance of the petitioner. Separate detailed report of the investigation has also been sent to the Chief Secretary of the State of Haryana. We dispose of this writ petition by issuing directions to the State of Haryana to take appropriate action, as per law, on the report submitted by the C.B.I. The Government may also take decision as to whether Constables, who were selected and appointed at that time be retained in service or not. The State Government is further directed to take CIVIL WRIT PETITION NO. 18346 OF 2004 -3 necessary decision with regard to grant of sanction for prosecution of those Government officials, whose name found mentioned in para No. 6, clause 16(a), of the report, if needed and decision to retain selected persons, within a period of two months from the date of receipt of copy of this order. It is made clear that if the Government decides to retain in service those candidates, whose selection is in dispute, the petitioner may also agitate his right for getting the appointment. Copy of the report shown to us be sealed and put in the custody of the Registrar (Judicial). Copy of this order be supplied Dasti to the counsel for the parties. ( Jasbir Singh ) Judge ( Jaswant Singh) January 10, 2008. Judge DKC