MP high court quashes appointment of engineer done by Digvjjaya
The MP high court on Thursday quashed the appointment of water resources department assistant engineer Arun Kumar Tiwari recommended by ex-chief minister Digvijaya Singh defying norms.
Tiwari was initially appointed on daily wages in the Nagar Panchayat, Mauganj, and later he was regularised on post of sub-engineer. However the court annulled the appointment on September 11, 1997 in a separate petition.
Later on his (respondent Arun Kumar Tiwari) appointment in the water resources department was challenged by Mansukh Lal Saraf, ex-member of Nagar Panchayat Mauganj (Rewa), on May 21, 1998.
The court took serious note of the fact that the ex-chief minister recommended for appointment of Tiwari on September 27, 1997 without there being any application submitted by him (Tiwari).
A division bench comprising chief justice AM Khanwilkar and justice KK Trivedi observed 'there are clinching circumstances on record to indicate that both the respondent and the then chief minister knowingly acted without any restraint so as to frustrate the effect of high court judgement of September 11, 1997.
The court directed 'the chief secretary to initiate appropriate legal action against respondent (Arun Kumar Tiwari) and all concerned who were instrumental in the appointment'.
The appointment of Tiwari 'is contrary to the selection procedure', the court held.
The state's chief secretary is directed 'to call upon the secretary of respective departments to enquire into whether any employee in his or her department has been or was appointed on regular basis without following the selection processes.
In case any appointment is found contrary to rules in any department, the chief secretary 'will take action against all persons and also against the person(s) responsible for making such appointment', the court said.
The secretaries will submit the report to the chief secretary within four months concerning any illegal appointments in his or her department, the court said.
The court ordered 'the State and its functionaries to make all future regular appointments on the public posts in the respective departments strictly in conformity with selection procedure specified in the concerned recruitment rules'.