HEMANT GUPTA,J - (1.) THE challenge in the present revision petition is to the order passed by the learned trial Court on 24.1.2001, whereby the application filed by the plaintiff for production of record as per provisions of Order 11, Rule 14 CPC, was allowed, to enable the plaintiff to file replication to the written statement of the defendant effectively.
(2.) THE plaintiff has filed a suit for declaration to the effect that he is duly qualified and selected for the post of Punjab Civil Service (Executive Branch) in the examination and interview for the post conducted by the respondent No. 3, the result for which was declared on 7.11.1994. The plaintiff has also sought consequential relief of appointment as member of PCS (Executive) along with seniority with effect from 7.11.1994 or with effect from such other date when other selected candidates were appointed. In the said suit, the defendant filed a written statement, copy of which has been attached as Annexure P.2 with the present revision petition. Before filing the replication, the plaintiff filed the application for production of record on the ground that the written statement is evasive. In reply to the said application, it was the stand of the Commission that the issues raised by the plaintiff relate to internal working of the Commission and that the internal procedure cannot be divulged publicly in the public interest. It is also pleaded that the maintainability of the Civil Suit is yet to be determined by the Court in as much as the Civil Suit is time barred and the Courts at Patiala have no territorial jurisdiction to entertain the Civil Suit. It has been further pleaded that the Public Service Commission is Constitutional Body as defined under Article 315 of the Constitution of India and the Constitutional obligation can only be determined by a Constitutional Bench. It was also submitted that complete record pertaining to the examination of the candidates has already been submitted before this Court in Civil Writ Petition No. 17490 of 1994 and that the Commission is not in possession of the record pertaining to selection of PCS (Executive) and other like services of the year 1994.
(3.) WHILE admitting the present revision petition, this Court on 23.1.2004, passed an order permitting the plaintiff to move an application for inspection of the record. It was ordered that if an application is moved, the plaintiff shall be allowed to inspect the record in the meantime. The petitioner moved an application for recall of the said order. The said application was dismissed on 31.1.2005. Both the orders i.e. the order dated 23.1.2004 and that of 31.1.2005 are subject matter of challenge by the Public Service Commission in Special Leave to Appeal (Civil) Nos. 8394 and 8396 of 2005, wherein the Hon'ble Supreme Court has issued notice in the Special Leave Petition and passed an order that the operation of the orders of the High Court permitting inspection shall remain stayed.;