- (1.) By way of this order, we shall dispose of LPA-1168- 2015, LPA-1198-2015, LPA-1266-2015 and LPA-1291-2015. For the sake of convenience, facts are being taken from LPA-1168-2015. The appellants challenge order dated 29.05.2015, dismissing their writ petitions.
(2.) The appellants sat for an examination conducted by the Haryana Public Service Commission for HCS Executive and Allied Branch, and were declared successful but as a cloud was cast on the examination, the matter was investigated by the State Vigilance Bureau. A Special Leave Petition was filed by the appellants and certain other candidates, seeking appointment, which was decided by directing the vigilance bureau and the State of Haryana to take an independent decision in the matter so as to ascertain the fairness of the selection. The writ petitions filed by the appellants were eventually dismissed by holding that as it is not possible to distinguish between tainted and non-tainted candidates. The entire process of selection was, therefore, held to be a nullity. The appellants thereafter filed appeals wherein after considering the entire matter, the following order was passed on 12.08.2015: - "We have heard counsel for the appellants and perused the impugned order. A perusal of the findings recorded by the learned Single Judge, appear to prima-facie suggest that irregularities/ illegalities detected by the Vigilance Bureau, vitiate the entire selection process and, therefore, do not entitle the petitioners to urge that as nothing is alleged against them,they should be offered appointment. A perusal of the order passed by the Supreme Court in a Special Leave Petition, pertaining to this very selection reveals that the State of Haryana was required to take an independent decision either by holding an inquiry or based upon the report received from the Vigilance Bureau. A perusal of the record as well as the impugned order reveals that there is no reference to any independent decision taken by the State of Haryana. Thus before proceeding any further in the matter, we call upon the State of Haryana to apprise the Court whether any decision was taken by the authority concerned based upon the inquiry submitted by the Vigilance Bureau or any other material that the entire selection stands vitiated."
(3.) We need not refer to the other interim orders at this stage as the State of Haryana admitted that after receipt of the vigilance report (which does not allege any wrong doing on the part of the appellants and other non-tainted candidates) it had not taken any independent decision. The State of Haryana after examining the record, constituted a committee of senior officers to taken a decision in the matter. The committee apparently with the object of ensuring that there is no factual or legal error, requested that the matter be once again examined by the vigilance bureau. The Chief Secretary to Government of Haryana, therefore, made a reference to the vigilance bureau, which reads as follows: - "Reference to your office memo No. 61362, dated 9th December, 2015 on the subject mentioned above. The matter has been considered by the Government and it has been observed that it needs to be decided who is tainted and who is untainted in the HCS (Ex. Br.) and other Allied Service Examination, 2004. This can be best done by the State Vigilance Bureau which has thoroughly investigated all relevant records. Thus the Government has directed the DG/SVB to do the needful and if, deemed necessary, may set up a Committee under his Chairmanship for the purpose. The Director General, State Vigilance Bureau has further been requested to submit report in this matter within one month positively vide this office letter No. 66/13/2012-2SIII dated 17.12.2015 (copy enclosed)." The State of Haryana, having taken a decision to consider separation of tainted and untainted candidates, is granted one month time from today, to take a final decision in the matter.";