Central Administrative Tribunal puts interim stay on Haryana IAS nomination list
This means that the government and the UPSC will have to start the exercise afresh next year as government cannot complete the process in December now.chandigarh Updated: Dec 21, 2017 09:56 IST
The Central Administrative Tribunal (CAT) on Wednesday put interim stay on the selection of non-state civil service officers to fill an Indian Administrative Service (IAS) seat in Haryana.
By doing so, the Chandigarh bench of the tribunal has slammed brakes on the state government’s move to fill the post via nomination route.
CAT adjourned the case till January 7. This means that the government and the Union Public Service Commission (UPSC) will have to start the exercise afresh next year as government cannot complete the process in December now.
On December 4, a fortnight after HT reported that the state government shortlisted the kin of state BJP leaders from among the non-state civil service officers to fill the post, the tribunal had stayed the government’s move.
The CAT bench comprising Justice MS Sullar and member P Gopinath observed, “The screening committee’s order is arbitrary, illegal and is against the principles of natural justice. Also, it’s in violation of Articles 14 and 16 of the Constitution and is non-operative.”
“The screening committee will be at liberty to prepare a fresh panel of eligible candidates...” the bench also observed. It also referred to Supreme Court judgments as how fair play is a part of public policy. “The committee was required to pass a reasoned and detailed order in right perspective, which is totally missing in the present case. Prime facia, it appears, to be a case of exercise of power to illegally help a particular person, who was not even eligible for the post,” the bench said
The Manohar Lal Khattar government had shortlisted the names of the kin of two senior Haryana BJP leaders to fill the IAS seat from among the non-state civil service officers.
Dr Asha Sharma (42), the daughter of minister Ram Bilas Sharma and Lajpat Rai (56), brother of Vidhan Sabha deputy speaker Santosh Yadav, are at the first and second spots on the list of five candidates the government recommended.
While Dr Sharma (MBBS) is a medical officer, Rai is a general manager in Haryana Roadways. Other three candidates are Parveen Sethi (director, dental health services); Dr Rakesh Talwar (in-charge, health facilities at Haryana Raj Bhawan) and Vijender Singh (district town and country planner).
In the last year’s panel also, the state government had recommended Dr Sharma by placing her on top of other candidates. But the UPSC had cancelled the process stating “deficient documents/information”.