Case Details State of Haryana and Others vs Dinesh Singh and Another

Court

Supreme Court of India

Date

14 December 2023

Case No.

Civil Appeal No. 8142 of 2023

Result

Allowed

Bench

M.M. Sundresh, Aravind Kumar

Citation

[2023] 16 S.C.R. 1046 : 2023 INSC 1070

Issue for consideration

On a reading of r.9, Haryana Civil Service (Executive Branch) Rules, 2008, letters dated 30.05.2019 and 09.07.2019, whether 01.11.2018 can be said to be the cut-off period uniformly applicable qua all the eligibility conditions provided in r.9(1)(a) and (b) or is such date to be considered as the cut-off date only for the purpose of determining age-related eligibility and; if 01.11.2018 is to be held as the cut off only for the limited purpose, whether the respondent satisfied the other eligibility conditions and whether it can be said that there was any disciplinary action pending or contemplated against him as on date of consideration. Haryana Civil Service (Executive Branch) Rules, 2008 – rr.79 – Relevant cut-off date qua the eligibility condition of pending disciplinary proceedings – Determination – Disciplinary proceedings if were ‘contemplated’ against Respondent as on date of consideration: Held: r.9 does not contemplate a uniform cut-off date qua all the conditions of eligibility – 01.11.2018 was relevant only in so far as r.9(1)(a)

Headnote

(ii) was considered – For the purpose of r.9(1)(a)(iii), the relevant date for determining if there was any disciplinary action contemplated or pending against a candidate “is the date of consideration”, which is the date on which the Committee had recommended names to the Commission u/r.9(2), which, in the facts of this case would be 31.08.2019 – The reason for declaring the Respondent ineligible for selection as per r.9 was on the ground that decision had been taken on file to charge sheet him u/r.7 – At no point was it asserted by him that disciplinary proceedings were not contemplated against him – His entire case from the very beginning has been that the cut-off date qua all eligibility conditions must be determined as on 01.11.2018 and since there was no decision/contemplation to initiate any disciplinary proceedings as of that date, he ought to have been recommended for appointment – The main allegation against Respondent was that on 05.01.2019 and 06.01.2019, he was directed to act as Duty Magistrate during the Haryana Teacher’s Eligibility Test, 2018 and he remained absent from this duty and thus, was negligent in performing his official duties – The Deputy Commissioner, Kurukshetra wrote letter dtd.9.01.2019 to the Additional Chief Secretary and Finance Commissioner, Government of Haryana, Department of Revenue and Disaster Management in this regard and recommended that formal inquiry be initiated against the Respondent – In view of the same, a decision was taken on 05.02.2019 to charge-sheet him – It is not relevant to consider what happened beyond the date of consideration, that is, 31.08.2019 – However, subsequent to this date, there was a chargesheet issued against the Respondent and ultimately, the entire proceedings came to be dropped on 11.12.2019 – Since the eligibility conditions in r.9(1)(a)(iii), the validity of which is not under challenge, requires this Court to limit the inquiry into the question of eligibility as on date of consideration, what happens after that becomes insignificant to the inquiry – On facts, as on the date of consideration, disciplinary action was contemplated against the Respondent, and therefore he was rightly held to be ineligible for selection of his name in Register A-1 – Order of the Division Bench of the High Court is set aside and order of the Single Judge is affirmed – Service Law. [Paras 47-51] Words and Phrases – ‘contemplation’ – Discussed – Service Law. LIST OF CITATIONS AND OTHER REFERENCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT JUSTICE ARAVIND KUMAR, J. 1. Leave granted. 2. The broad issue at hand relates to recruitment and appointment to the posts in the Haryana Civil Service (Executive Branch)1. The process of recruitment to the posts in the Service are governed by Haryana Civil Service (Executive Branch) Rules, 2008 [for short, ‘the Rules’]. 3. Part II2 of the Rules is titled ‘Recruitment to Service’. For a person to be appointed in the Service, Rule 73 requires that such person’s name Hereinafter referred to as ‘Service’ Part II runs from Rule 3 to Rule 34. R

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