HC quashes promotion, selection of three joint & deputy secretaries

Saurabh Malik

Tribune News Service

Chandigarh, December 24

In a major embarrassment for the Hooda-led Congress government, the Punjab and Haryana High Court has quashed the promotion of Subhash Chander as joint secretary and Joga Singh as deputy secretary in the Haryana Vidhan Sabha Secretariat. The appointment of Naren Dutt as deputy secretary was also quashed.

The High Court even quashed the qualifications for the posts of deputy secretary and joint secretary in the Haryana Vidhan Sabha Secretariat. The qualifications were prescribed in the Haryana Vidhan Sabha Secretariat Service (Amendment) Rules, 2012.

“The case in hand is one of those cases where the impugned qualifications have been laid down as a result of colourable exercise of power so vested in the Government and are arbitrary and, thus, violative of Articles 14 and 16 of the Constitution of India… The impugned qualifications have been tailor-made to suit each of the private respondents,” the Bench asserted.

The rap came on a bunch of nine petitions. Taking up one of the petitions filed by under secretary Balwant Singh through senior advocate Sanjay Bansal, Justice Satish Kumar Mittal and Justice Deepak Sibal asserted Subhash Chander was initially not even eligible to hold the deputy secretary’s post. But, he was allowed to continue on the post for over two years.

Subsequently, the requirement of LLB (professional degree) was done away with in the 2012 rules, and experience was downgraded from three to two years to regularise his appointment as deputy secretary.

“The requirement of LLB degree (professional), essential qualification for last several years for promotion to the post of Joint Secretary, was also done away with to pave a smooth path for him to travel by way of promotion from the post of deputy secretary to the joint secretary. The requirement of LLB was there since 1981 and the same was done away with after 31 years.”

The Bench asserted Joga Singh was working as a superintendent in the Vidhan Sabha Secretariat, but was permitted to officiate as an under secretary against the post of deputy secretary.

“The order shocks us. How could a superintendent be made to officiate as an under secretary against the post of a deputy secretary? Joga Singh, who was a simple graduate, was promoted as deputy secretary within three days of the promulgation of the 2012 Rules.”

The Bench added Naren Dutt applied for the deputy secretary’s post and “processing of his application was done within a single day”. After appointing him through the impugned rules, the requirement of six years experience at the Bar was downgraded to two. Thereafter, an advertisement was issued on the basis of amended rules for filling up deputy secretary’s post by way of direct recruitment against which he was “predictably appointed”.

The Bench concluded: “The respondents are directed to consider the cases of all eligible persons for promotion/appointment to the posts of Deputy Secretary and Joint Secretary as per the Haryana Vidhan Sabha Secretariat Service (Amendment) Rules, 1981, as amended vide notification dated December 19, 1997, in accordance with law.”