- (1.) HEARD Dr. L. P. Mishra, learned counsel for the petitioners and learned Standing counsel for the opposite parties. Valuable assistance has been provided by Ms. Twishi Srivastava, Law Trainee of this Court. This is a bunch of writ petitions, the leading being the writ petition No.1832 (S/S) of 2008. These writ petitions have been filed against the order dated 10/6/2007 and inquiry report dated 8/6/2007 by which appointment of petitioners on class IV post has been declared void by opposite party no 2. To test the legality of impugned order it becomes necessary to narrate the facts of the case which are as follows: The Director(Administration) Medical and Health Services,U.P., opposite party no 2vide letter dated 25/9/2006 communicated the permission granted by State Government for appointment on class IV post in Hospitals, District Hospitals and Regional Offices etc of Faizabad and Devipattan Divisions, this letter is annexed as Annexure no CA 1 to the counter affidavit. Immediately after issuance of this letter, Director(Administration) issued another letter dated 27/9/2006 directing officers concerned that while making appointments pursuant to the letter dated 25/9/2006, the Government Order, Rules as well as the Directions issued from time to time shall be strictly adhered to and the procedure of selection be adopted with specific care. It was further directed that the reservation criteria as prescribed under the rules shall also be strictly followed. In the letter dated 25/9/2006 a time table was prescribed for undertaking the exercise for making recruitment on class IV post, pursuant to this letter, the Additional Director, Medical Health and Family Welfare, Faizabad Division, Faizabad, opposite party no 4, circulated the same to all the Chief Medical Officers / Chief Medical Superintendents, District Hospitals and Medical Superintendents of District Women Hospital of Faizabad Division through an endorsement dated 30/10/2006 made in the said letter. In this endorsement it was specifically directed by the Additional Director that the entire exercise shall be done after lifting of the Election Code of Conduct. It is interesting to note here that the then Chief Medical Officer of Ambedkar Nagar namely Dr. V. P. Pandey before receiving formal direction of recruitment on class IV post , on 9/10 /2006 i.e. prior to 30/10/2006 date on which letter was circulated for recruitment on class IV post, issued an advertisement for filling up the vacancies of class IV post. However after receiving formal directions of letter dated 25/9/2006, Dr. V.P.Pandey, opposite party no 5 cancelled the advertisement dated 9/10.2006. Subsequent advertisement was published in the newspaper on 9/11/2006,fixing thereby 24/11/2006 to be the date of interview.
(2.) IN the meantime, a complaint was made by one Sri Ram Murti Verma before the then Minister, Medical,Health and Family Welfare against Dr. V.P.Pandey, on the ground that Dr. V.P.Pandey has accepted bribe from several candidates. On receiving the complaint, the then Minister of the Ministry concerned directed the Principal Secretary, Medical,Health and Family Welfare, U.P. to inquire into the matter. State Government opposite party no1 while taking cognizance of the said complaint, containing serious allegations of accepting bribe against the Chief Medical Superintendent of Ambedkar Nagar Dr. V.P.Pandey, vide an order dated 22/11/2006 stayed the proceedings of selection till further order of the State Government. Thereafter, Director General, Medical and Health Services U.P., opposite party no2, vide an order dated 23/11/2006 directed the Additional Director, Medical Health and Family Welfare, Faizabad Division, Faizabad, opposite party no 4, to conduct the inquiry into the matter. opposite party no 4 vide its report dated 25/11/2006 recorded a finding that the selection was being made by Dr. V. P.Pandey as per rules and copy of report was also sent to State Government. Although this report stated that there was no irregularity in selection procedure, yet the selection process stayed by the State Government vide order dated 22/11/2006 remained stayed. This stay order dated 22/11/2006 was with respect to the district Ambedkar Nagar only, however the State Government by a general order dated 29/11/2006 stayed the selection process of class IV post in the entire State of U.P. Against the order dated 22/11/2006 one Smt Rajkumari along-with several other persons preferred a writ petition bearing no 9880(S/S) of 2006 in which this court vide its judgment dated 23/3/2007 directed that in case the inquiry regarding the selection stood concluded and a report had been submitted to the State Government and complaints have been found to be baseless, the respondent may proceed with the selection in accordance with law. In the garb of report submitted by Additional Director opposite party no4 on 25/11/2006 and order of this court dated 23/3/2007, Dr. V.P.Pandey sought legal opinion from the District Government Council (Civil), Ambedkar Nagar, regarding stay of selection dated 22/11/2006, who in response opined vide letter dated 29/5/2007 that now the selection can be proceeded with. In the mean time, Additional Director opposite party no4 vide letter dated 28/5/2007 advised Dr. V.P.Pandey that the purpose of filling of the backlog vacancies pertaining to the reserved categories of SC,ST and OBC and while making such selection the orders and directions issued by the State Government from time to time in the matter of said appointment be strictly adhered to. Inspite of these specific directions Dr. V.P.Pandey conducted selection proceedings in violation of these directions and interviewed 1817 candidates in a single day i.e. on 29/5/2007. After interviewing such a huge number of candidates in a single day, astonishingly, on the very next day i.e. on 30/5/2007, appointment letters of 62 selected candidates were also issued. These candidates were given joining on the same very day i.e. on 30/5/2007. Dr. V. P. Pandey went out of way to ensure payment of salary to the petitioners. He withdrew the salary of selected candidates for 2 days i.e. 30/5/2007 and 31/5/2007 through a bearer cheque from the State Bank Of India, branch Ambedkar Nagar on 8/6/2007 in violation of rules of State Government. Rules expressly prohibit the payment of salary in cash to employee. On the same date opposite party no4 by taking cognizance vide letter dated 8/6/2007,addressed to Chief Treasury Officer, Ambedkar Nagar, requested to stop the payment of the salary of 62 selected candidates, as annexed in Annexure no CA6.
(3.) IN the light of aforesaid illegalities committed by Dr. V.P.Pandey and several other employees, an FIR was lodged against him as well a against 62 selected candidates on 9/6/2007 i.e. the next day. It was registered as case crime no 245/2007undr section 419/420/466/468/471 of Indian Penal Code 1860, police station kotwali Akbarpur, district Ambedkar Nagar. On 10/6/2007 the then Additional Director of Division concerned directed Dr. V.P.Pandey that the Director General, Medical and Health Services U.P.,opposite part no 2 has declared 62 appointments made by Dr. B.P. Pandey to be void and the said employee may be restrained from working and from signing the register. Letters dated 8.6.2007 and 10.6.2007 are annexed as Annexure nos. C.A. 11 and 12. On 8.6.2007 Additional Director Faizabad Division was directed by Principal Secretary, Department of Medical Health and Family Welfare, U.P. to inquire in to the matter and on the same day Additional Director submitted its report as annexed in C.A. 13 to the writ petition, containing categorical findings regarding the corruption in selection to State Government. By taking cognizance of the said report State Government and Director (Administration), Directorate of Medical and Health Services, U.P. vide order dted 9.6.2007 placed all the persons involved in said illegal selection under suspension. On 11.6.2007 District Magistrate, Ambedkar Nagar constituted a committee comprising of Chief Development Officer, Ambedkar Nagar, Additional District Magistrate ( F&R) Ambedkar Nagar and Soil Conservator, Ambedkar Nagar to conduct an inquiry in the matter regarding the said appointment. This committee submitted its report on 16.6.2007 as contained in C.A. 15 wherein it reveals a large scale illegalities and irregularity committed in selection proceedings.;