9911796707
TMI Blog2002 (9) TMI 797X X X X Extracts X X X X X X X X Extracts X X X X ..... gard to this situation and at this length of time the authorities did not pursue the matter any further as to holding of further enquiry or taking action pursuant to the report of the Vigilance Director General against the respondent no. 4 in S.L.P. No. 9895/2000 and respondents 4 to 9 in S.L.P. No. 10512/2000. A submission was also made on behalf of some respondents particularly respondents 5 and 6 in S.L.P. No. 10512/2000 that even no prima facie case was made out against them in the enquiry. - SLP(C) 9895 OF 2000 - - - Dated:- 23-9-2002 - RAJU, DORAISWAMY AND PATIL, S.V., JJ. JUGMENT SHIVARAJ V. PATIL J. In these petitions, orders passed by the Division Bench of the High Court dismissing the Letter Patent Appeals affirming ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appeals on merits. The Division Bench noticed that out of the 16 candidates, who were called for interview, the HPSC selected respondent no. 4 Achint Ram Godara, the petitioner himself was not one of the candidates for the post and none of the candidates who had not been selected, challenged his appointment; that during the pendency of the writ petition, the respondent no. 4 had earned two promotions in the year 1985 and 1989 and even the review application filed by the writ petitioner before the learned Single Judge was also dismissed on 8.8.1997; respondents 4 to 9 in S.L.P No. 10512/2000 were similarly placed; the Division Bench did not find any good ground to differ with the findings recorded by the learned Single Judge and concurring ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the matter was brought to this Court in Mohinder Singh vs. State of Haryana Ors. (1989 (3) SCC 93), this Court did not disturb the recruitment of the respondents who had been appointed pursuant to the selection. The learned senior counsel for the respondents also submitted that in the light of a statement made in the counter-affidavit filed on behalf of the State and the HPSC, no case is made out even to conduct any enquiry as to the alleged bogus certificates said to have been produced by the selected candidates. In our view, at this length of time, it may be unnecessary to deal with the question of locus standi of the petitioner to maintain the petitions. We proceed to consider on the merits of the contentions raised. It is not in di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made as early as in 1981 i.e. 21 years back and that during this period, the respondents got two promotions, in our view, the High court was right and justified in not disturbing the selection and appointment of the respondents. In the case of Moninder Singh vs. State of Haryana and Ors. (supra), this Court in para 11, referring to the selected candidates in the very same selection and appointments made thereto, has stated thus:- "The selected candidates were, however, not impleaded as respondents in the writ petition and attempt to implead them at this stage is bound to prejudice him. They have now been in service for more than eight years and respondent 4 has even been holding a promotional post for some time. We do not think in such ..... X X X X Extracts X X X X X X X X Extracts X X X X
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