JAGTAR SINGH

DIRECTOR, CENTRAL BUREAU OF INVESTIGATION AND

ORS.

APRIL 13, 1993

fKULDIP SINGH AND YOGESHWAR DAYAL, J.J.)

Sen:ice Law: Appoi111n1em-Verification of a111ecede11ts and cllaracter-Fou nd u11desirable-De11ial of appoi111me11t to selected candidate-Conclusion based 011 a single i11cide111-Wlietlrerjus1ified. c

The appellant was selected by the Union Public Sen ice Commission for appointment to the post of Senior Public Prosecutor, Central

Uureau of lmestigation. He was medically examined and found fit.

Though the other candidates selected along with the appellant were appointed, no appointment order in respect of the appellant was D issued. After waiting for some time he submitted a representation to Respondent No. J and another representation to the Go\'ernment of India. Since there was no response from either of the authorities, he filed an application before the Central Administrathe 1'ribunal.

Bt!forethe Tribunal, the respondents contended that it was found that E the appellant was not a suitable person for appointment to the post of Senior Public Prosecutor and filed documents containing reasons therefor in sealed cover. Prhilege was also claimed. The Tribunal did not open the sealed co\'er and relying upon the averments made in the atlida\'it, dismissed the application of the appellant. The present appeal is against the judgment of the Tribunal.

Dismissing the appeal, this Court,

HELD: J .I. The appellant has been unjustifiably denied his right to be appointed to the post to which he was selected and recommended hy the Union Public Senice Commission. No reasonable person, on G the basis of the material on record can come to the conclusion that the appellant's antecedents and character are such that he is unfit to be appointed to the post of Senior Public Prosecutor. There has been total lack of application of mind on the part of the respondents. Only on the basis of surmises and conjectures arising out of a single incident H

78 Sl'PREME COURT REPORTS

[1993) 3 S.C.R.

A which happened in the ear 1983 it has been concluded that the appellant is not a desirable person to be appointed to Government service (80-C-D).

1.2. Ordinaril~· this court would have directed the respondents to appoint the appellant, but keeping in , iew the time lapse and the appellant has al read~· entered SOth )ear of his age and has put in about 23 ears of practice" as an adrncate, it would not be in the interest of justice to issue a direction to that effect (80-F).

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 1732 C of 1993. ·

From the Judgment and Order dated 19.1.1987 of the Central Administrative Tribunal in Registration 0.A. No. 123/86.

n V.C. Mahajan, Gaurav Jain and M~. Abha Jain for the Appellant.

N.N. Goswami, Tara Chand Sharma and C. V. Subba Rao for the Respondents.

The judgment of the Court was delivered by

KULDIP SINGH J. Special leave granted.

The appellant was selected by the Union Public Service Conunission for appointment to the post of Senior Public Prosecutor. Central F Rureau of Investigation. Ministry of Home Affairs, Government of India. By a letter dated July 16. 1984 he, along with two other candidates, was recommended for appointment to the said post. An intimation to this effect was also received by the appellant. He was medically examined on August 29, 1984 and was found fit. Other candidates selected along with the appellant were appointed but no G

appointment order in respect of the appellant was issued. After waiting foi: some time he submitted a representation to the Director, Central Bureau of Investigation on February 8, 1985 and another representation to the Government oflndia on May 13, 1985. No reply having been received from either of the authorities, he filed an application before

----t-

J J

JAGTAR SINGH.'" DIRECTOR C.B.I. [SINGH J.J 79

the Central Administrative Tribunal, Allahabad on February 25, 1986 A seeking mandamus directing the respondents to appoint him to the post of Senior Public Prosecutor. The respondents in their counter before the Tribunal stated that after the receipt of recommendation from the Union Public Service Commission other formalities were gone into and it was found that the appellant was not a suitable person for appointment to the post of Senior Pµblic Prosecutor. The respondents B filed the documents containing reasons for the unsuitability of the appellant, in sealed cover, before the Tribunal. An affidavit claiming privilege was also filed. The Tribunal did not open the sealed cover and relying upon the averments in the counter filed by the respondents dismissed the application of the appellant. This appeal by way of c special leave is against the judgment of the Tribunal.

Before us an affidavit has been filed by Mr. Dandapani, Secretary to the Government of India in the Ministry of Personnel , Public Grievances and Pensions. Department of Personnel and Training, D claiming privilege in respect of the documents which contain reasons to show that the appellant is not a suitable person for appointment to the post of Senior Public Prosecut(Jr. The documents are in a sealed cover. In para 4 of the affidavit it is stated as under:

"However, I have no objection to the aforesaid records being produced for perusal by the Hon'ble Court for satisfying itself about the bona/ides and genuineness of the privilege."

Mr. D.P. Gupta, learned Solicitor General has filed copies of the F documents for our consideration. It is not disputed th~ the District Magistrate. Nainital by his letter dated September 20, 1984 reported that there was no adverse entry against the appcllat in the records of the Chowki Kathgodam which might affect his appointment as a Government servant. The District Magistrate's letter was based on the verification done by i111.:harge Chowki Kathgodam. Police Station G Haldwani, Senior Sub-Inspector Local Intelligence Unit Nainital and finally by the Senior Superintendent of Police, Nainital who appended the endorsement "character verified and found correct". Not satisfied with the initial verification in favour of the appeJJant further imrestigaiions were made regarding his character and antecedents and it was H

SUPREME COL:RT REPORTS

(199313 S.C.R.

A finally concluded that the appellant was not a suitable person to be appointed to the Government service. It is not necessary for us to go into the question as 10 whether the claim of privilege by the respondents is justified or nc.>I. W..: also do not wish to go into the de1ails of the investigations made regarding the antecedents and character of the

8 appellant. We haw cardully examined the material on the basis of which the respondents have come to the conclusion that the appellant is not suitable for appoinlmcnt to the post of Senior Public Prosecutor in the Central Bureau of Inn!stigation and we arc of the view that the respondents are not jus1ified in reaching a conclusion adverse 10 the appellant. No reasonable person, on the basis of the ma1erial placed C before us, can come to the conclusion that the appellant's antecedents and character are such that he is unfit to he appointed to. the posl of Senior Public Prosecutor. There has been total lack of application of mind on the part of the responden1s. Only on lhl."! has is of sunnises and conjectures arising out of a single i111.:idcn1 which happened in the year

1983 it has been concluded !hat the appellant is not a desirable person . to be appointed rn the Gon:rnmcnt service. We are of the view that the appellant has heen unjustifiably denied his right to he appointed tc> the post to \yhich he was selected and recommended by the Union Public: Service Commission.

Having found that the respondents were not justified in refusing to appoint the appellant, ordinarily, we would have directed the respondents to appoint the appdlant, hut keeping in view the time lapse and further that the appellant has already entered 50th year of his age and has put in ah.out 23 years of practice as an advocate, we are of the F view that it would not he in the interest of justice to issue a direction

to that effect. We, therefore. dismiss the appeal but under the circumstances we direct that the respondents shall pay the costs of the

litigation to the appellant which we quantify as Rs. IO, 000.

Q.N.

Appeal dismissed.