Sanjay Kishan Kaul, C.J. - (1.) THE compliance report has been filed by the Chief Secretary of the State Government of Haryana. This is in pursuance to the report of the Committee regarding recruitment of 350 Constables in the Government Railway Police and Haryana Armed Police in 2004. There is practically little doubt that the process has been grossly tainted in view of the material which has come on record on investigation by the CBI. However, the Committee has opined that since the record was destroyed by the Chairman of the Selection Board as soon as the High Court ordered CBI inquiry, in the absence of the record, it is not possible to point out who are the candidates selected on merits and who have come through a tainted process. This view has been stated to have been endorsed and the decision stated to be taken by the State Government on 16.2.2014.
(2.) THE aforesaid approach seems to have completely lost sight of the observations made by us on 18.9.2013 in the following terms: The question involved was of taking administrative action de hors the criminal proceedings so that tainted persons do not continue in service. Some times the larger good requires that a process is scrapped so that there is faith in the system of selection. This aspect appears to have been completely ignored by the State of Haryana. There has been no change in the approach and it appears that the decision of the State Government is to retain persons selected through a tainted process instead of scraping the process and re -recruitment keeping in mind the larger issue of probity involved. Due care could have been taken of the candidates who were selected through the tainted process by giving some age relaxation to them. The findings, in fact, of the CBI are that the complete list was without any process of selection being made.
(3.) WE , however, are faced with a situation where the present proceedings are arising in contempt proceedings, though there is a separate substantive writ petition before us challenging the decision of the Government in suo motu proceedings. It is only in those proceedings, it will be feasible for us to issue any directions in view of the present proceedings being in the nature of the contempt proceedings.;