E-Paper
HC orders inquiry in selection of clerks done by HSSC
The court said there was strong suspicion about the selective manner in which the recommended candidates were approached by HSSC for the purposes of offering them appointment having adopted different modes of communication with respect to separate sets of candidates.
The Punjab and Haryana high court (HC) has ordered a fact-finding inquiry by the registrar (vigilance) of the court into the selection of lower division clerks (LDCs) conducted by Haryana Staff Selection Commission (HSSC) for power distribution company, Dakshin Haryana Bijli Vitran Nigam.
Justice Harkesh Manuja of the HC in his July 7 order said the conduct of HSSC and power distribution companies in this selection process required at least a preliminary fact-finding inquiry to trace out the truth.
Directing the HSSC and power distribution companies to produce the selection record by July 11, the court said that the registrar (vigilance) is requested to examine the entire records relating to the selection of LDCs of 2016 and to submit a report within two weeks.
The bench said these directions were necessary and essential to maintain the sanctity and purity of the selection process besides maintaining and upholding the hope of the selected candidates towards their constitutional rights, who have been deprived of joining on the posts of LDC.
“To make the situation worse, the aforementioned 190 posts (approximately) have even been re-advertised and re-filled to the disadvantage of earlier selected/ recommended candidates without even offering them effective opportunity to join at their respective posts,’’ the bench said.
Counsel of the petitioners, Sachin Jain said that the HC bench has also requested the registrar (vigilance) to look into whether HSSC and power distribution companies have any written set of rules, guidelines or policy with respect to calling upon the selected or recommended candidates for offering them appointment. “What were the reasons with HSSC to serve around 240 selected/ recommended candidates through personal messenger for offering them the appointment and for another set of 190 selected/ recommended candidates by serving them through registered post and why no uniform mode and method was adopted by HSSC for intimating all the selected/ recommended candidates for offering them appointment,’’ the bench said.
Jain said that though the petitioners had withdrawn the petition as they were assured of their joining as LDCs in DHBVN, the HC noted that the act and conduct of the officials of HSSC and power distribution companies needs to be probed by an independent agency in light of facts and circumstances of the present case.
The HSSC had in 2016 advertised 946 posts of LDC on a requisition by the two power distribution companies, the DHBVN (478 posts) and UHBVN (486 posts). The result was declared in 2019 and around 419 candidates were selected and recommended initially for appointment as LDC with DHBVN. Later another set of 71 candidates were recommended for appointment in DHBVN by the HSSC.
Around 240 selected candidates were informed about their selection and recommendation through personal messengers whereas around 190 candidates out of the same selection and recommendation list were informed through registered post. During the course of hearing, some of the receipts issued by the postal department against communication served upon the selected candidates were randomly verified on the online Indian postal service portal. However, no records were found on the official website of the Indian Postal Service qua those receipts.
“DHBVN managing director Ashok Garg was even called upon to apprise the court about the standard procedure or any written guidelines issued by the state government or the department with respect to service or intimation to the selected/ recommended candidates for calling them for document verification and joining. However, the officer could not refer to any such guidelines. He was even called upon to explain as to why around 240 selected/ recommended candidates were informed through personal messenger for the purposes of verification of their documents and their joining whereas other 190 selected/ recommended candidates were sought to be served through registered post. Yet again, the officer failed to explain,’’ the HC said.
“The conduct of HSSC and power distribution companies about unfairness at their hands while treating the selected candidates with discrimination is beyond comprehension and the same does not pass the key test of reasonableness, especially under the given facts and circumstances wherein out of 240 selected/ recommended candidates informed by HSSC through personal messenger, 220 joined the department. Whereas out of 190 those who were allegedly served through registered post, merely 20 came forward to join the services. This fact itself raises a strong suspicion about the selective manner in which the recommended candidates were approached by HSSC for the purposes of offering them appointment, having adopted different modes of communication with respect to separate sets of candidates,’’ the court said.
