Balraj Tuli, J. - (1.) This judgment will dispose of C. W. 3439 of 1970 and C. W. 4145 of 1970. as they involve common questions of law and fact and are by the same petitioner.
(2.) The petitioner, Sukhdev Prasad, joined the Punjab Civil Service as a result of the competitive examination on Oct. 3, 1949. After the re-organisation of the State of Punjab, he was allocated to the State of Haryana and in due course was confirmed in substantive permanent capacity in the Selection Grade (Rs. 1300-50-1500) with effect from Sept. 2, 1967. The order granting him the Selection Grade was actually passed in Feb., 1970, with retrospective effect. His name was brought on the Select List for promotion to the Indian Administrative Service by the Selection Committee on June 4, 1962, and since then the petitioner has officiated in the Senior Scale of I. A. S. in a cadre post or on a post equivalent to a cadre post. At present he is holding the post of Deputy Secretary, Irrigation and Power and Public Works (B.& R.), Haryana, since Jan. 3, 1969.
(3.) The Select List is revised from time to time as provided in the Indian Administrative Service (Appointment by Promotion) Regulations, 1955, (hereinafter referred to as the Regulations). When the Select List was revised in 1968, the petitioner's name figured at No. 1, but the Selection Committee recommended that his inclusion in the Select List should be subject to clearance in the inquiry pending against him which was being conducted by the Central Bureau of Investigation, Government of India, (hereinafter referred to as the C.B.I.). That inquiry related to an allegation that the petitioner had engaged himself in business without permission and against the interest of the Government. The cadre strength of the Indian Administrative Service of the Haryana State was increased by one with effect from Aug. 23, 1969, and a regular vacancy occurred in the cadre of I. A. S. with effect from Oct. 26, 1969, on the retirement of Shri L. Isa Dass, a promoted officer. The Government of Haryana, in its letters dated Nov. 6, 1969, and Nov. 20, 1969, recommended that the first vacancy in the cadre may be kept reserved for the petitioner while in the second vacancy Shri Yogeshwar Sahni, whose name appeared at No. 2 in the Select List, may be appointed. According to this recommendation, the petitioner was to be appointed in the vacancy reserved for him after he had cleared himself of the allegations under inquiry. The Government of India accepted that recommendation of the Haryana State and reserved a vacancy for the petitioner and notified the appointment of Shri Yogeshwar Sahni to the Indian Administrative Service from Dec. 17, 1969, in the vacancy which occurred due to the retirement of Shri L. Isa Dass. On Feb. 19, 1970, the petitioner made a representation in which he requested for his confirmation in the I. A. S. on which no action has been taken. The Central Bureau of Investigation sent its report to the Haryana State Government in April, 1970, suggesting that a departmental inquiry should be held against the petitioner after serving a charge-sheet on him. A draft of the charge-sheet was also enclosed with the report. On July 20, 1970, the Chief Secretary to the Government, Haryana, respondent 3, served a charge-sheet on the petitioner to which the petitioner filed his reply on Jan. 1, 1971, during the pendency of these writ petitions. The Selection Committee was to meet in Nov., 1970, for the revision and preparation of the Select List. An integrity certificate has to be issued by the Government in respect of every member of the State Civil Service who is to be considered for inclusion in the Select List. Such an integrity certificate had been issued in respect of the petitioner in the previous years but in Oct., 1970, respondent 3 informed the Union of India that the integrity certificate in respect of the petitioner had been withdrawn. The petitioner naturally felt that this was a device to exclude his name from the Select List and thus make him ineligible for appointment by promotion to the I. A. S. In order to safeguard his interest, the petitioner filed C. W. 3439 of 1970, praying that respondent 2 (the State of Haryana) may be directed to grant the integrity certificate according to the rules and confirm the petitioner in the I. A. S. from the date from which it fell due to him. It was further prayed that pending the disposal of the writ petition, a direction may be issued to respondent 2 to issue the integrity certificate provisionally so that the petitioner's name may be considered on merits for inclusion in the Select List. In the other writ petition (C. W. 4145 of 1970), the order directing the inquiry against the petitioner in pursuance of the charge-sheet served on him on July 20, 1970, has been challenged and a prayer is made for quashing the same.;