JOGINDER SINGH Vs. UNION TERRITORY OF CHANDIGARH
LAWS(SC)-2014-11-28
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Decided on
November 11,2014
JOGINDER SINGH
Appellant
VERSUS
UNION TERRITORY OF CHANDIGARH
Respondents
Referred Judgements :-
JAGTAR SINGH VS. DIRECTOR CENTRAL BUREAU OF INVESTIGATION [REFERRED TO]DELHI ADMINISTRATION VS. SUSHIL KUMAR [REFERRED TO]
COMMISSIONER OF POLICE DELHI VS. DHAVAL SINGH [REFERRED TO]
SECRETARY DEPARTMENT OF HOME SECY A P VS. B CHINNAM NAIDU [REFERRED TO]
DEPUTY INSPECTOR GENERAL OF POLICE VS. S. SAMUTHIRAM [REFERRED TO]
Cited Judgements :-
K.C. SAREEN AND ORS. VS. PUNJAB NATIONAL BANK AND ORS. [LAWS(P&H)-2015-11-57] [REFERRED TO]RAJESH VS. UNION OF INDIA [LAWS(P&H)-2016-9-22] [REFERRED TO]
ANIL KUMAR PRADHAN VS. STATE OF CHHATTISGARH AND ORS. [LAWS(CHH)-2015-11-19] [REFERRED TO]
S.N. MURKLOTI VS. COMMANDANT, SECOND REGIMENT, KARNATAKA STATE RESERVE POLICE [LAWS(KAR)-2019-9-299] [RERERRED TO]
S. MAHADEVASWAMY VS. STATE OF KARNATAKA AND OTHERS [LAWS(KAR)-2016-7-39] [REFERRED TO]
R ASHOK KUMAR VS. CHAIRMAN, TAMIL NADU UNIFORMED SERVICES RECRUITMENT BOARD [LAWS(MAD)-2018-1-857] [REFERRED TO]
RAGUL PRASATH VS. STATE OF TAMILNADU [LAWS(MAD)-2018-1-701] [REFERRED TO]
DEVENDRAN VS. DIRECTOR GENERAL OF POLICE, BEACH ROAD, CHENNAI [LAWS(MAD)-2018-3-648] [REFERRED TO]
PRAMOD KHOLIYA VS. DEVI AHILYA UNIVERSITY [LAWS(MPH)-2017-1-42] [REFERRED TO]
THE STATE OF WEST BENGAL & OTHERS VS. RATAN SARKAR [LAWS(CAL)-2016-8-10] [REFERRED TO]
M. YADAGIRI, NALGONDA DIST. VS. PRL. SECY, HOME DEPT, HYDERABAD AND OTHERS [LAWS(APH)-2017-12-102] [REFERRED TO]
APOORVA PATHAK VS. HONBLE HIGH COURT OF M.P. [LAWS(MPH)-2019-10-31] [REFERRED TO]
IYYAPPADOS VS. MEMBER SECRETARY TAMIL NADU UNIFORMED SERVICES RECRUITMENT BOARD [LAWS(MAD)-2019-6-424] [REFERRED TO]
C RAGHUNATHAN VS. HINDUSTAN AERONAUTICS LIMITED [LAWS(KAR)-2018-10-72] [REFERRED TO]
P RAMAN VS. CHAIRMAN [LAWS(KER)-2018-2-177] [REFERRED TO]
K. MAYAKANNAN VS. THE CHAIRMAN [LAWS(MAD)-2018-1-490] [REFERRED TO]
BAUSAB RAJASAB SHIDENUR VS. STATE OF KARNATAKA [LAWS(KAR)-2020-12-57] [REFERRED TO]
THE STATE OF KARNATAKA VS. M. BALAJI AND ORS. [LAWS(KAR)-2020-1-312] [REFERRED TO]
MOHAMMED IMRAN VS. STATE OF MAHARASHTRA AND OTHERS [LAWS(SC)-2018-10-53] [REFERRED TO]
STATE OF MADHYA PRADESH VS. BUNTY [LAWS(SC)-2019-3-170] [REFERRED TO]
MEHBOOB ALI VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-7-111] [REFERRED TO]
MAHESH KUMAR GUPTA VS. UTTAR HARYANA BIJLI NIGAM LTD. [LAWS(P&H)-2015-5-805] [REFERRED TO]
VAKIL KUMAR MEENA VS. DIRECTOR, EXPORT INSPECTION COUNCIL OF INDIA [LAWS(DLH)-2015-4-345] [REFERRED TO]
MANOJ VS. UOI & ORS. [LAWS(DLH)-2016-7-11] [REFERRED TO]
LIYAKAT ALI VS. UNION OF INDIA AND ORS [LAWS(DLH)-2019-2-308] [REFERRED TO]
MANOJ MAHTO VS. THE STATE OF JHARKHAND & ORS. [LAWS(JHAR)-2015-7-185] [REFERRED TO]
MANOJ KUMAR KALITA VS. STATE OF ASSAM [LAWS(GAU)-2021-5-28] [REFERRED TO]
CONSTABLE MOHAMMAD SALEEM VS. STATE OF JK & ORS [LAWS(J&K)-2018-4-11] [REFERRED TO]
J.RANJITH KUMAR VS. REGISTRAR GENERAL, HIGH COURT MADRAS [LAWS(MAD)-2022-12-237] [REFERRED TO]
GIRIDHARI BAG VS. COMMANDANT, ORISSA STATE ARMED POLICE (OSAP), KORAPUT [LAWS(ORI)-2023-1-44] [REFERRED TO]
STATE OF M P AND ORS VS. DINESH SINGH PARIHAR S/O DIPTI SINGH PARIHAR [LAWS(MPH)-2015-11-126] [REFERRED]
KRISHAN KUMAR VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2018-5-286] [REFERRED TO]
LAKSHMI NARAIN VS. STATE OF HARYANA AND ANOTHER [LAWS(P&H)-2016-10-66] [REFERRED TO]
COMMISSIONER OF POLICE VS. RAJ KUMAR [LAWS(SC)-2021-8-47] [REFERRED TO]
GURBANS SINGH BAINS VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2016-12-53] [REFERRED TO]
VIJAY KUMAR VS. STATE OF HARYANA & OTHERS [LAWS(P&H)-2016-9-28] [REFERRED TO]
IMTIYAZ AHMAD MALLA VS. STATE AND ORS [LAWS(J&K)-2018-5-47] [REFERRED TO]
STATE OF U.P. VS. U.P. STATE PUBLIC SERVICES TRIBUNAL [LAWS(ALL)-2019-10-290] [REFERRED TO]
S. SENTHURPANDI VS. THE TAMIL NADU UNIFORMED SERVICES RECRUITMENT BOARD, REP.BY ITS VICE CHAIRMAN, HAVING OFFICE AT OLD COMMISSIONER OF POLICE OFFICE CAMPUS, PANTHEON, EGMORE, CHENNAI [LAWS(MAD)-2018-1-405] [REFERRED TO]
A. SELVAKUMAR VS. THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, FORT. ST. GEORGE, CHENNAI AND OTHERS [LAWS(MAD)-2018-1-410] [REFERRED TO]
K RADHAKRISHNAN VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2018-1-850] [REFERRED TO]
SATYANARAYAN SANKHERE VS. STATE OF M.P. & OTHERS [LAWS(MPH)-2018-2-188] [REFERRED TO]
RAHUL SINGH VS. STATE OF MADHYA PRADESH AND OTHERS [LAWS(MPH)-2018-4-353] [REFERRED TO]
RAMESH BISHNOI VS. UNION OF INDIA AND ORS. [LAWS(RAJ)-2018-3-183] [REFERRED TO]
SATISH CHANDRA YADAV VS. UNION OF INDIA [LAWS(SC)-2022-9-118] [REFERRED TO]
STATE OF RAJASTHAN VS. LOVE KUSH MEENA [LAWS(SC)-2021-3-62] [REFERRED TO]
MAHESWAR RAO AND ANOTHER VS. A.P. ADMINISTRATIVE TRIBUNAL REP. BY REGISTRAR [LAWS(APH)-2016-11-65] [REFERRED TO]
PRAVINCHANDRA THAKARLAL JADAV VS. STATE OF GUJARAT & ORS [LAWS(GJH)-2016-8-105] [REFERRED]
T SINGARAVEL VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2018-1-851] [REFERRED TO]
M. SATHISH KUMAR VS. TAMIL NADU UNIFORMED SERVICES RECRUITMENT BOARD, REP. BY ITS VICE CHAIRMAN AND OTHER [LAWS(MAD)-2018-1-1219] [REFERRED TO]
P. PRAVEENKUMAR VS. STATE OF TAMIL NADU [LAWS(MAD)-2019-5-189] [REFERRED TO]
M. SELVAM VS. DIRECTOR GENERAL CENTRAL INDUSTRIAL SECURITY FORCE [LAWS(MAD)-2019-4-866] [REFERRED TO]
BHOLA SINGH VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2019-9-451] [REFERRED TO]
VIKAS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2019-8-80] [REFERRED TO]
RAHUL VS. UNION OF INDIA & ORS [LAWS(DLH)-2016-7-27] [REFERRED TO]
MAHESH KUMAR VS. UNION OF INDIA [LAWS(DLH)-2023-4-2] [REFERRED TO]
STATE OF KERALA VS. DURGADAS [LAWS(KER)-2023-9-201] [REFERRED TO]
P PRAVINKUMAR VS. STATE OF TAMIL NADU REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HOME (POLICE) DEPARTMENT, SECRETARIAT [LAWS(MAD)-2018-2-478] [REFERRED TO]
A. JAYARAJA VS. SUPERINTENDENT OF POLICE, VIRUDHUNAGAR DISTRICT [LAWS(MAD)-2018-1-1088] [REFERRED TO]
M PRABU VS. CHAIRMAN TAMIL NADU UNIFORMED SERVICES RECRUITMENT BOARD, CHENNAI [LAWS(MAD)-2018-1-847] [REFERRED TO]
PAWAN KUMAR VS. THE STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-4-34] [REFERRED TO]
Y. VETRISELVAN VS. THE TAMIL NADU UNIFORMED SERVICE RECRUITMENT BOARD [LAWS(MAD)-2018-3-873] [REFERRED TO]
R. BHARATH VS. DIRECTOR GENERAL OF POLICE AND OTHERS [LAWS(MAD)-2018-2-1193] [REFERRED TO]
U PRABHUKUMAR VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2018-1-838] [REFERRED TO]
M MUNEESHWARAN VS. DIRECTOR GENERAL OF POLICE, KAMARAJAR SALAI, MYLAPORE, CHENNAI [LAWS(MAD)-2018-1-855] [REFERRED TO]
BALADEV PANDA VS. CHAIRMAN, STATE BANK OF INDIA [LAWS(ORI)-2017-8-101] [REFERRED TO]
PRAMOD GOSWAMI VS. STATE OF MP & OTHERS [LAWS(MPH)-2019-2-34] [REFERRED TO]
STATE OF KARNATAKA VS. M. BALAJI [LAWS(KAR)-2020-1-359] [REFERRED TO]
ZAKIRKHAN SIKANDRAKHAN PATHAN VS. STATE OF GUJARAT [LAWS(GJH)-2016-9-158] [REFERRED TO]
JAGDEEP SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2022-11-84] [REFERRED TO]
SONU KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2021-5-56] [REFERRED TO]
SOMNATH SINGH VS. UNION OF INDIA [LAWS(TRIP)-2020-7-20] [REFERRED TO]
THE PRINCIPAL SECRETARY TO GOVERNMENT VS. V.N.VARUSAI MOHAMAD [LAWS(MAD)-2016-8-62] [REFERRED TO]
MILAN YADAV VS. UNION OF INDIA [LAWS(GAU)-2022-9-30] [REFERRED TO]
STATE OF RAJASTHAN VS. DINESH SINGH BITHU [LAWS(RAJ)-2021-3-25] [REFERRED TO]
VIJAY KUMAR SONKAR VS. UNION OF INDIA & ANOTHER [LAWS(MPH)-2018-7-515] [REFERRED TO]
RAJKUMAR YADAV VS. STATE OF M.P. [LAWS(MPH)-2023-2-109] [REFERRED TO]
ANIL BHARDWAJ VS. HONBLE HIGH COURT OF MADHYA PRADESH [LAWS(SC)-2020-10-16] [REFERRED TO]
TARA PRASAD SHARMA VS. STATE OF SIKKIM [LAWS(SIK)-2021-5-1] [REFERRED TO]
UNION TERRITORY, CHANDIGARH VS. PRADEEP KUMAR [LAWS(SC)-2018-1-5] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted in SLP (C) No. 30798 of 2008.
(2.)These appeals have been filed by the Appellants against the common judgment and order dated 24.03.2008 passed in Civil Writ Petition No. 5909 CAT of 2003 and Civil Writ Petition No. 7754 CAT of 2004, by the High Court of Punjab and Haryana at Chandigarh, whereby the High Court set aside the common order dated 12.3.2003 passed by the Central Administrative Tribunal (in short "CAT"), Chandigarh, urging various grounds in support of the same.
(3.)As both the matters are identical, for the sake of brevity and convenience, we would deal with the facts of Civil Appeal No. 2325 of 2009, which are stated hereunder.
The Respondent-Union Territory of Chandigarh, had invited applications from eligible persons for recruitment to the post of Constables in the year 1997. The said selection was quashed by the High Court of Punjab and Haryana. However, in the year 2001, A fresh selection process was started by the Respondents, as per the decision of the Administration of the first Respondent wherein it has stated that the candidates who had applied in response to the previous advertisement (in 1997), were exempted from applying afresh.
The Appellant, Joginder Singh, who had also applied in the year 1997, was also called in 2001 and was among the 40 candidates who had applied were declared as successful candidates. The Appellant was medically examined and was called for an interview as he was found fit for selection to the post of Constable. However, after verification of his antecedents and character from his native village, it was found that he was involved in a case with FIR No. 200 dated 14.04.1998, under the provisions of Sections 148/149/323/325/307 Indian Penal Code a criminal case was registered at Police Station Sadar Bhiwani. After the trial was conducted by the Additional Sessions Judge, Bhiwani, the Appellant was acquitted from the charges levelled against him on 04.10.1999. The Appellant filed Original Application before the CAT, Chandigarh, for issuing a direction to the Respondent for issuance of an appointment order in view of his selection to the post in the selection process.
(2.)These appeals have been filed by the Appellants against the common judgment and order dated 24.03.2008 passed in Civil Writ Petition No. 5909 CAT of 2003 and Civil Writ Petition No. 7754 CAT of 2004, by the High Court of Punjab and Haryana at Chandigarh, whereby the High Court set aside the common order dated 12.3.2003 passed by the Central Administrative Tribunal (in short "CAT"), Chandigarh, urging various grounds in support of the same.
(3.)As both the matters are identical, for the sake of brevity and convenience, we would deal with the facts of Civil Appeal No. 2325 of 2009, which are stated hereunder.
The Respondent-Union Territory of Chandigarh, had invited applications from eligible persons for recruitment to the post of Constables in the year 1997. The said selection was quashed by the High Court of Punjab and Haryana. However, in the year 2001, A fresh selection process was started by the Respondents, as per the decision of the Administration of the first Respondent wherein it has stated that the candidates who had applied in response to the previous advertisement (in 1997), were exempted from applying afresh.
The Appellant, Joginder Singh, who had also applied in the year 1997, was also called in 2001 and was among the 40 candidates who had applied were declared as successful candidates. The Appellant was medically examined and was called for an interview as he was found fit for selection to the post of Constable. However, after verification of his antecedents and character from his native village, it was found that he was involved in a case with FIR No. 200 dated 14.04.1998, under the provisions of Sections 148/149/323/325/307 Indian Penal Code a criminal case was registered at Police Station Sadar Bhiwani. After the trial was conducted by the Additional Sessions Judge, Bhiwani, the Appellant was acquitted from the charges levelled against him on 04.10.1999. The Appellant filed Original Application before the CAT, Chandigarh, for issuing a direction to the Respondent for issuance of an appointment order in view of his selection to the post in the selection process.
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