Shyam Bahadur Tripathi Vs. U.P. State Public Services Tribunal and ors. - Court Judgment

Excerpt:

.....appointment distinguished from irregular appointment held, if an appointment is irregular, it can be regularized. but if it is illegal (made violating articles 14 and 16 of the constitution and statutory rules), it is non est in the eye of the law and is a nullity. equity jurisdiction of the supreme court would not be invoked in a case of illegal appointment. sympathy should not be misplaced recruitment; recruitment process eligibility conditions determination of eligibility (pertaining to educational qualification in the present case) cut-off date for necessity for held, in order to avoid any uncertainty in such matters, fixation of a cut off date is a must. however, in the absence of any cut-off date specified in the advertisement or in the rules, the last date for filing the application must be considered as a cut-off date. in the instant case, the appellant did not hold the requisite qualification as on the said cut-off date. hence, he was not eligible for the post in question. - according to the learned counsel, instructions had been issued by the corporation to transfer the departmental enquiry to the independent agencies, like retired judicial officers......are only proper guidelines for the authorities. it is an appropriate case where the power to entrust the enquiry to an officer of their own department has been exercised. therefore, conduct of an enquiry by the officer of the department is not vitiated by any error of law nor is it violative of the principle of fair play.3. it is then contended that the impugned order is not a speaking order; therefore, it is vitiated by error of law. we find no force in the contention. the enquiry officer had submitted and elaborate report along with the report and show cause notice was issued to the petitioner. the petitioner has submitted his explanation also. one consideration thereof, the order of removal came to be passed. under these circumstances, it was not necessary for the high court to give elaborate reasoning in support of the conclusion that the petitioner is guilty of the charge of misconduct.4. the special leave petition is accordingly, dismissed.

Judgment:

ORDER

1. This is one of the classic instances of notoriety in huge corruption in running the public Corporations. The petitioner was a Conductor. He was charged for not issuing tickets to 34 passengers while he was on duty in the U.P. Road Transport Corporation bus. When the Checking Inspector signaled for stoppage of the vehicle, the bus did not stops Ultimately, the vehicle came to be stopped at a distance of one furlong. When it was checked, it was found that the petitioner had given tickets only to 19 passengers out of 53 and 34 passengers were traveling as no tickets were issued to them. Consequently, an enquiry was ordered against the petitioner. Charge-sheet was given and he was removed from service on December 8, 1989 alter it was found that he was guilty of the charge. The order of removal was confirmed on appeal. The Services Tribunal dismissed the petition and in the impugned order dated February 13, 1996 made in W.P. No. 5641/96 the High Court dismissed the petition in limine. Thus this Special Leave Petition.

2. Shri Upadhyay, learned Counsel for the petitioner, contended that there was a flagrant violation of departmental instructions in conducting the enquiry against the petitioner. According to the learned Counsel, instructions had been issued by the Corporation to transfer the departmental enquiry to the independent agencies, like retired judicial officers. While the enquiry was pending before the impartial officers, contrary to the instructions issued, it was transferred to the departmental officer. Therefore, it is in violation of the departmental rules and natural justice and fair play. We find no force in the contention. The instructions are only proper guidelines for the authorities. It is an appropriate case where the power to entrust the enquiry to an officer of their own department has been exercised. Therefore, conduct of an enquiry by the officer of the department is not vitiated by any error of law nor is it violative of the principle of fair play.

3. It is then contended that the impugned order is not a speaking order; therefore, it is vitiated by error of law. We find no force in the contention. The Enquiry Officer had submitted and elaborate report along with the report and show cause notice was issued to the petitioner. The petitioner has submitted his explanation also. One consideration thereof, the order of removal came to be passed. Under these circumstances, it was not necessary for the High Court to give elaborate reasoning in support of the conclusion that the petitioner is guilty of the charge of misconduct.

4. The special leave petition is accordingly, dismissed.