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Supreme Court takes suo motu notice of High court recruitment scam

Team SoOLEGAL 6 Oct 2017 11:10am

Supreme Court takes suo motu notice of High court recruitment scam

The Supreme Court has taken suo motu cognizance of a recruitment scam in the Punjab and Haryana high court in which a question paper of a preliminary exam to recruit judicial officers in the Haryana civil services (judicial branch) was leaked to select candidates.

A bench comprising Chief Justice of India Deepak 
Mishra, Justice A M Khanwilkar and Justice D Y Chandrachud on Thursday ordered that the matter be transferred to the apex court. The case will now be heard by the bench on November 20.

The order has come almost a fortnight after a full bench of the Punjab and Haryana high court had asked a special investigation team (SIT) of the Chandigarh police to investigate the case. A FIR has already been registered at Sector 3 police station in Chandigarh and the registrar (recruitment) has been suspended for his alleged role in leaking the exam.

There were demands from a section of the high court bar to transfer the case to the Supreme Court as the high court was looking into the case when the main allegations were against the high court administration. In a setback to the Haryana government, the Punjab and Haryana high court has stayed the decision through which it had transferred former CM 
Om Prakash Chautala's son-inlaw Virender Singh Antil from the post of the Haryana Livestock Development Board managing director (MD).

HC has also issued notices to the state government and G S Jakhar, who is holding the charge of director general (DG) of animal husbandry and dairying department, on Antil's plea against "illegal appointment" of Jakhar as the head of the department by ignoring seniority.

On September 14, the Haryana government had shifted Antil from the post of MD of the board and posted him as officer on special duty (OSD) in the animal husbandry department. In a subsequent order, the state had given the charge of MD to Jakhar, who is junior to Antil in the department. Antil is the senior-most officer of the department.

Justice Amol Rattan Singh passed these orders while hearing the petition filed by Antil. Rajiv Atma Ram, senior counsel appearing for the petitioner, submitted that as per the provisions of sub-section 4 of Section 4 of the Haryana Murrah Buffalo and other Milch Animal Breed (Presentation and Development of Animal Husbandry and Dairy Development Sector) Act, 2001, the charge of a MD could only be given to a person not below the rank of joint secretary or director of the animal husbandry department.

"Jakhar is stated to be neither a joint secretary nor a full-fledged director, with only an assignment on the charge of DG of animal husbandry and dairying, Haryana, having been given to him, without actually promoting him to that rank.l Antil has been posted to a non-cadre post--OSD without taking his consent," argued the counsel.

Adjourning the case for October 9, Justice Singh ordered, "In the meanwhile, if the petitioner has not demit ted charge on the post of the managing director, the operation of the impugned order shall remain stayed, till the next date of hearing."

In his petition, Antil also argued that the charge of DG, animal husbandry and dairying department was given to Jakhar on the conditions that he would not get an extra remuneration but he was actually given the pay of DG by the state. Besides challenging his transfer orders, petitioner has mainly sought directions to give him DG's charge and to recover the extra remuneration taken by Jakhar despite the categorical condition in the order giving an additional charge that he would not get any extra remuneration.

Source: Timesofindia



Tagged: suo motu   Chief Justice of India Deepak Mishra   Justice A M Khanwilkar   Justice D Y Chandrachud   Punjab and Haryana high court  
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