Animesh Roy & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 7808 Cal

Calcutta High Court (Appellete Side)

Animesh Roy & Ors vs The State Of West Bengal & Ors on 15 December, 2023

Author: Amrita Sinha

Bench: Amrita Sinha

                       IN THE HIGH COURT AT CALCUTTA
                         Constitutional Writ Jurisdiction
                                 Appellate Side

Present :- Hon'ble Justice Amrita Sinha

                                 WPA No. 6033 of 2020

                             Animesh Roy & Ors.
                                     Vs.
                       The State of West Bengal & Ors.
                                    With
                CAN 2 of 2020, CAN 3 of 2020, CAN 4 of 2020 &
                                CAN 8 of 2022

For the writ petitioners                :-   Mr. Saptansu Basu, Sr. Adv.
                                             Mr. Ayan Banerjee, Adv.
                                             Mr. Arindam Chatterjee, Adv.
                                             Ms. Debosree Dhamali, Adv.
                                             Ms. Ria Ghosh, Adv.

For the Intervenors                     :-   Mr. Samim Ahammed, Adv.
                                             Mr. Arka Maiti, Adv.
                                             Ms. Saloni Bhayyacharya, Adv.
                                             Mr. Arka Ranjan Bhattachaya, Adv.


For the respondent nos. 3 to 5          :-   Mr. Tapas Kumar Ghosh, Adv.

Mr. Tanmay Chowdhury, Adv.

Heard on                                :-   16.10.2023, 17.11.2023, 29.11.2023

Judgment on                             :-   15.12.2023


Amrita Sinha, J.:-

The writ petition has been filed by thirty two petitioners challenging the

action on the part of the Director of Local Bodies and the Commissioner, Urban

Development and Municipal Affairs Department in terminating their service

without affording them any opportunity of hearing and without assigning any

cogent reason.

The case of the petitioners is that pursuant to an advertisement published

for appointment in the posts of Peon and Mazdoor by the Hooghly-Chinsurah

Municipality ('the Municipality' for short) in the newspapers on 8th January, 2020,

the petitioners applied for the said post. A regular selection process was conducted

and on being found eligible, appointment letter was issued in their favour. The

panel of selected candidates was sent for recommendation and approval to the

Director of Local Bodies. By memo dated 20th March, 2020, the Director of Local

Bodies informed the Chairman of the Municipality that the Governor has been

pleased to accord approval under Section 54 (3) of the West Bengal Municipal Act,

1993 to the appointment of 74 persons as mentioned in annexure A to the

attached memo with effect from the date of their joining.

The petitioners claim that their names featured in annexure A. The

Municipality issued appointment letters to the petitioners in their respective posts

of Peon and Mazdoor on 23rd March, 2020. The appointment letters indicates that

the appointment has been made in the scale of pay as per ROPA 2019 along with

allowances, as admissible, as per Government Order issued by the Municipal

Affairs department from time to time. The service was governed as per the West

Bengal Municipal (Employees' Service) Rules, 2010 since amended. On the basis of

the said appointment letters the petitioners joined their respective posts and were

issued posting order for serving the various sections of the Municipality. The

petitioners were paid their salary for the broken period of the month of March,

2020 for performing their duties.

By a communication dated 6th July, 2020 the petitioners were informed that

as directed by the Minister in-charge, Urban Development and Municipal Affairs

Department duly informed by the Director of Local Bodies, the appointment of the

petitioners has been terminated with effect from 3rd July, 2020.

The petitioners submit that the letter of termination is without any authority

of law. The same is ex facie bad because it has been issued under the dictate of a

higher authority upon total non-application of mind. The said letter was issued

without following the principles of natural justice, without issuing any show cause

or without initiating any disciplinary proceeding. The order of termination is a non-

speaking one and no reason has been disclosed therein for terminating their

service.

It has been contended that the selection process by which the petitioners

were selected for appointment was conducted in accordance with the service rules

and their appointment was duly approved by the Director of Local Bodies. Apart

from a complaint by the Minister in-charge, none of the unsuccessful candidates

approached either the Municipality or the Director of Local Bodies alleging

discrepancy in the selection process. No writ petition has been filed by any of the

unsuccessful candidates challenging the selection process. The Minister in-charge

could not have suo motu raised the issue of illegal appointment.

It has been submitted that the termination letter was on the dictate of the

Minister who is no way connected with the recruitment process. The major penalty

of termination from service has been imposed without a proceeding being

conducted. The Deputy Director who has deposed alleging procedural lapses,

himself was a member of the selection committee and he ascribed his signature in

the score sheet. The petitioners were never intimated regarding the enquiry that

was conducted and the entire enquiry was conducted behind the back of the

petitioners. The petitioners ought to have been afforded opportunity to participate

in the enquiry process.

It has further been argued that as the service of the petitioners have been

approved by the order of the Governor, the petitioners acquired a permanent

status in service and their service cannot be terminated without following the

settled principle of law. The petitioners are no way responsible for any procedural

lapses in the recruitment process and, accordingly, the petitioners ought not to be

penalized by terminating their service. The petitioners pray for setting aside the

impugned order of termination and consequential relief.

In support of their stand, the petitioners rely upon the judgment delivered by

the Hon'ble Supreme Court in the matter Shri Iswar Chandra vs. Shri

Satyanarain Sinha & Ors. reported in (1972) 3 SCC 383.

The petitioners rely on the decision of the Hon'ble Supreme Court in the

matter of Bahadursinh Lakhubhai Gohil vs Jagdishbhai M. Kamalia & Ors.

reported in (2004) 2 SCC 65 wherein the Court took note of the settled position of

law that if any decision is taken by a statutory authority at the behest or the

suggestion of a person who has no statutory role to play, the same would be ultra

vires.

Reliance has also been placed on the decision delivered by this Court in the

matter of Rani Sati Kerosene Supply Company & Ors. -vs- State of West

Bengal & Ors. reported in (2005) 4 CHN 264.

The submissions and prayers of the petitioners have been opposed by the

State respondents. It has been submitted that complaints were received by the

Minister in-charge, Department of Urban Development and Municipal Affairs

alleging illegal recruitment in the group D post of the Municipality. The said

complaints were forwarded to the Director of Local Bodies with request to conduct

an enquiry and to send the enquiry report to the Minister. On receipt of the

communication from the Minister, the Director of Local Bodies wrote to the Joint

Director of Local Bodies to cause an enquiry in the recruitment process. An

enquiry was conducted by the said Joint Director of Local Bodies and an enquiry

report was prepared. Several anomalies and/or illegalities in the recruitment

process were observed.

It was observed that the minutes of the first meeting of the Selection

Committee were not recorded properly. Admit cards were not properly sent to the

candidates. About 34% of the eligible candidates for the post of Mazdoor and about

24% of eligible candidates for the post of Peon remained absent in the written

examination.

It was found that no approval was taken from the Board of Councillors for

selection of agency to conduct the written examination. The Board of Councillors

was never informed about the stage-wise progress of recruitment, the list of eligible

candidates for interview and their scores in the written examination. Admit cards

and call letters were served only through post. Alternate mode of informing the

candidates about the written examination and the interview resulted in the denial

of the right of the eligible candidates to appear in the selection process. The gap of

fifteen days as was decided to be maintained between the date of posting of the call

letter and the date of holding the viva voce was not maintained. The reservation

policy was not properly followed.

The meeting of the selection committee was held on 1st March, 2020 and the

viva voce was held on 12th March, 2020. Interview of 414 candidates was taken on

a single date, that is, on 12th March, 2020. The interview started at 11 am and was

concluded well ahead of 6.30 pm considering the fact that the meeting of the

selection committee was held on the self same date, that is, on 12th March, 2020 at

6.30 pm. The entire details of the interview, the final score sheet and panel of

successful candidates were prepared and placed before the third meeting of the

selection committee which took place on 12th March, 2020 at 6.30 pm. Despite

repeated requests the Municipality did not send the score sheet of the marks

awarded to the candidates in the interview to the selection committee.

In the enquiry, the Deputy Director of Local Bodies, Burdwan Division office

being a member of the selection committee deposed that on the date of interview

the representative of private agency was present. Objection was made by the said

Deputy Director regarding faulty procedure but the same was not redressed by the

Municipality. The Deputy Director admitted that he had not interviewed all the

candidates but only a selected number of candidates, as assigned to him by the

Municipality, was interviewed by him. Engagement of any other member other

than a designated member of a selection committee to hold interview is in

contravention of the West Bengal Municipal Employees' (Recruitment) Rules, 2005.

The Executive Officer of the Municipality being a member of the selection

committee deposed that he only interviewed a handful of selected number of

candidates. Interview of other candidates was taken by some other person at a

different table. The Chairman of the Municipality being the Chairperson/President

of the selection committee deposed that the Municipality was trying to complete

the recruitment process at a fast pace and as such interview was held in a single

day.

On perusal of the enquiry report, the Joint Director of Local Bodies opined

that the recruitment process was vitiated on account of procedural lapses and

recommended cancellation of the entire process. The Minister in-charge of the

Urban Development and Municipal Affairs Department approved the

recommendation of the Director of Local Bodies and instructed the Chairman of

the Municipality to start the process afresh by setting aside the action taken by the

Municipality. Consequent to the aforesaid instruction from the Director of Local

Bodies letter of termination was issued to the petitioners.

The State respondents contend that an exhaustive enquiry was conducted to

ascertain as to whether the selection process was in accordance with the

recruitment rules but when it transpired that the selection process was vitiated

with illegalities, there was no other option but to cancel the entire process and

terminate the appointment of the petitioners.

The Municipality has filed one affidavit in opposition, one supplementary

affidavit in opposition and a further affidavit. The first was affirmed by one Sri.

Gouri Kanta Mukherjee serving as the Chairperson (erstwhile Chairman of the

Board of Administrators of the Municipality) claiming himself to be well acquainted

with the facts and circumstances of the instant case.

In the affidavit it has been disclosed that the Board of Councillors of the

Municipality in its Special Meeting held on 30th November, 2019 adopted a

resolution to fill up the vacant posts of Peon and Mazdoor of the Municipality and

sought permission from the Director of Local Bodies for filling up the same. The

Director of Local Bodies by communication dated 26th December, 2019 accorded

permission for filling up 76 posts in accordance with the recruitment rules.

On receipt of the prior permission the Board of Councillors of the

Municipality adopted a resolution on 30th December, 2019 to form a selection

committee consisting of eight persons namely 1) the Chairperson, Board of

Administrators of the Municipality as the Chairman, 2) the CIC member (health),

3) Councillor Ward no. 11, 4) Councillor Ward no. 19, 5) Assistant Director of Local

Bodies, Burdwan Division, 6) Executive Officer of the Municipality, 7) Finance

Officer of the Municipality and 8) one social worker from Ward no. 13.

The first meeting of the selection committee was held on 6th January, 2020

and in the said meeting the selection committee fixed the terms and conditions

according to which the selection process would be conducted. The selection

committee entrusted the Chairman of the committee to arrange for a venue and

other necessary requirements for conducting the written examination in proper

and fair manner.

As per the resolution adopted in the first meeting of the selection committee,

the Chairman uploaded the employment notice in the official website of the

Municipality and published the same in the newspapers, one English and one

Bengali. The schedule of the written examination along with venue was also

uploaded in the official website of the Municipality. Separate admit card/call letter

to the intending candidates were issued. The written examination of all the

candidates was successfully concluded.

Second meeting of the selection committee was held on 1st March, 2020 and

conditions were formulated for holding the viva voce. The date and time for

conducting viva voce was also fixed in the said meeting. The names of the

successful candidates who passed the written examination was published in the

official website of the Municipality.

The interview was held on 12th March, 2020 and the selection committee

recorded the attendance of the candidates and conducted the interview in a

smooth manner. Separate marks to the respective candidates were awarded at the

time of interview and the score sheet was duly signed. The selection committee

prepared the final score sheet and the same was endorsed by the deponent in the

capacity of the Chairman of the selection committee. On the evening of the date of

the interview, the selection committee consisting of eight members decided to

prepare the panel then and there to expedite the recruitment process. The third

meeting of the selection committee was held in the evening of the date of the

interview, i.e, 12th March, 2020 and final score sheet was prepared after verifying

and scrutinising the marks of all the candidates.

The final panel of the selected candidates was placed in the Emergency

Meeting of the Board of Councillors of the Municipality on 17th March, 2020 for its

approval and the same was duly approved. The Chairperson of the Municipality

sought for government approval for appointment to the posts of Peon and Mazdoor

with all supporting documents. The Director of Local Bodies by communication

dated 20th March, 2020 accorded approval by disclosing that the Hon'ble Governor

has also been pleased to accord approval to 74 candidates under Section 54(3) of

the West Bengal Municipal Act, 1993. After getting the approval for appointment

from the Director of Local Bodies the Chairperson issued the letter of appointment

to the successful candidates and the candidates joined their respective posts on

23rd March, 2020 and their joining was accepted by the Municipality.

The tenure of the Board of Councillors of the Municipality stood dissolved on

20th May, 2020 and by special Government Order the Board of Administrators was

appointed to look after the day to day business of the Municipality. The Board of

Administrators in its meeting held on 9th June, 2020 decided to disburse the

salary of nine days for the period 23rd March, 2020 to 31st March, 2020 in favour

of the newly appointed employees from the municipal funds. To obey the direction

passed by the Director of Local Bodies, the Chairperson of the Municipality did not

have any other alternative but to cancel the appointment of the newly appointed

employees by issuing letter on 6th July, 2020.

It has been contended that the selection committee conducted the selection

process strictly in accordance with law. It has been denied that there were any

procedural lapses in the selection process. The letter of termination had to be

issued as per the direction of the superior authority and the Municipality could not

fulfil the legal procedure for termination of employees as mentioned in the West

Bengal Municipal (Employees' Service) Rules, 2010.

On 15th July, 2022 a supplementary affidavit-in-opposition has been filed by

one Amit Ray being the present Chairman of the Municipality claiming himself to

be well acquainted with the facts and circumstances of the case. In the said

affidavit it has been contended that the Municipality do not intend to enter into

any conflict with the department of Municipal Affairs. The Board of Councillors of

the Municipality held a meeting on 31st March, 2022 in connection with the

appointment of the group D staff in the Municipality and resolved that the

Municipality will abide by the decision of the Government in cancelling the

recruitment process.

A further affidavit has been affirmed by Sri Amit Ray on 23rd November,

2023 unequivocally admitting that the entire engagement procedure of the

Municipality was done wrongly.

An application for intervention has been filed by four applicants claiming to

be the Councillors of the Municipality. The applicants state that after being

elected, they along with the other Councillors had formed the Board of Councillors

of the Municipality. They state that it is on their complaint that the enquiry in

connection with the illegal recruitment process was conducted and it was revealed

that the entire selection process suffers from procedural lapses. The recruitment

process was, accordingly, set aside by the Director of Local Bodies.

It has been submitted that no decision relating to recruitment was ever

adopted by the Board of Councillors prior to the issuance of the employment

notice. No notice of meeting circulating agenda relating to the recruitment was ever

circulated. The resolution relating to the recruitment process allegedly placed

before this Court was never circulated to the Councillors. The resolution at page

82 of the writ petition is a manufactured document.

It has been submitted that a written test was held on 1st March, 2020 and

approximately twelve thousand candidates participated in the said test. It is

practically impossible to evaluate the answer scripts of twelve thousand candidates

within two days. Two list of candidates eligible for interview was published on 4th

March, 2020 and 6th March, 2020. No meeting was held before publication of the

list of eligible candidates for participating in the interview. No explanation has

been forwarded as to why two lists on two separate dates i.e., 4th March and 6th

March were published.

The Councillor of the ruling party, namely, Soumitra Malakar is a beneficiary

of the selection process who has been selected and appointed in the post of

Mazdoor. The said Councillor was receiving his remuneration as a Councillor even

after his appointment as Mazdoor.

The son of Councillor Suparna Sen and the son of Councillor Jaydeb

Adhikary were also given appointment. Both the Councillors were present in the

meeting of the Board of Councillors held on 17th March, 2020 where the purported

panel was approved. The entire recruitment process was conducted in hot haste

and the alleged panel was approved on 20th March, 2020.

It has been pointed out that the resolution of the Board of Councillors

annexed at page 82 of the writ petition was not signed by all the Councillors of the

Municipality. Based on the manufactured resolution, subsequent steps relating to

recruitment were taken.

In the Board of Councillors meeting held on 17th March, 2020, the applicants

for the first time came to learn about the selection process for recruitment of Peon

and Mazdoor. Being aggrieved the applicants walked out of the meeting because

they were not made aware of the selection process at all. Complaints were lodged

before the Chairman of the Selection Committee. Despite pending complaints, the

Selection Committee proceeded with the panel and got the same approved by the

Director of Local Bodies. The Chairman, at whose instance the entire illegality was

committed, has been appointed as Administrator on the expiry of the tenure of the

elected Board and, accordingly, it is impossible for the Municipality to defend the

writ petition impartially.

The intervenors/ applicants have tried to highlight several illegalities and

procedural lapses which allegedly cropped up in the selection process. The

applicants oppose the prayer of the petitioners and support the order of

cancellation of the recruitment process.

It has been contended that no right accrued in favour of the petitioners as

the selection was not conducted in a free and fair manner. Nepotism has been

alleged. Appointment was given to the candidates of choice. There has been no

consideration on merits.

The State respondents, the applicants and the present stand of the

Municipality is that the entire recruitment process was conducted in super haste

and there are illegalities galore in the entire recruitment process. Prayer has been

made for dismissing the writ petition.

I have heard and considered the detailed rival submissions made on behalf

of all the parties including the intervenors/ applicants.

The issue relates to public recruitment in the posts of Peon and Mazdoor in

the Hooghly-Chinsurah Municipality. The entire timeline of the recruitment

process starting from the decision to initiate the recruitment process till issuance

of the letter of appointment will be important to arrive at a logical conclusion of the

dispute raised by the petitioners who claim to be appointed through a regular

selection process conducted by the Municipality.

26th December, 2019: Prior permission was accorded by the Director of Local Bodies for filling up 76 sanctioned vacant posts in the Municipality.

30th December, 2019: The Board of Councillors in its meeting resolved to form a Selection Committee.

6th January, 2020: The first meeting of the selection committee was held.

8th January, 2020: Advertisement was published in the official website of the Municipality and in one Bengali and one English newspaper inviting applications from eligible candidates for recruitment in the vacant posts.

1st March, 2020: Written examination was conducted.

4th March, 2020: List of eligible candidates to appear in the interview was published in the official website of the Municipality.

12th March, 2020: Interview was held and final score sheet of the eligible candidates was prepared. At 6.30 pm second meeting of the selection committee was held.

17th March, 2020: Board of Councillors considered the panel and recommended the same for approval to the Director of Local Bodies.

20th March, 2020: The Director of Local Bodies informed the Chairman of the Municipality that the Governor was pleased to accord approval to the appointment of 74 persons whose names appear in annexure A of the communicating letter of the Director of Local Bodies.

23rd March, 2020: Appointment letter was issued in favour of the empanelled candidates.

3rd July, 2020: The Director of Local Bodies informed the Chairman that an in-house enquiry was conducted on a complaint made by the Minister in-charge alleging procedural lapses. The enquiry was conducted and on detection of procedural lapses the entire selection process was cancelled.

6th July, 2020: A formal letter of termination of appointment was issued.

From the timeline as mentioned hereinabove it is evident that the entire

recruitment process starting from obtaining prior permission till the conclusion of

the selection process and issuance of the appointment letter took place within a

record time of less than three months. The vacancies in question were 76 and it

appears from the submission of the parties that in response to the recruitment

notice scores of applications were received. The written examination was

conducted on 1st March, 2020 and two lists of selected candidates eligible for

interview were published on 4th March, 2020 and 6th March, 2020 respectively. The

two lists differed from each other.

In the in-house enquiry conducted at the instance of the Director of Local

Bodies it was revealed that enough time gap was not there at the time of issuance

of the admit card, call letter and the participants may not have got enough time to

participate in the recruitment process despite they being eligible for the same.

It was detected that nearly 24% of the eligible candidates remained absent in

the written test for the post of Peon and nearly 34% of the eligible candidates

remained absent for the written test for the post of Mazdoor. The Deputy Director

of the Burdwan Division deposed that it was pointed out before the selection

committee that the selection process was faulty but the selection committee

ignored to take note of such comment. The Deputy Director also deposed that he

did not interview all the candidates but only a handful of selected candidates were

assigned to him by the Municipality for conducting interview.

It is an absolutely herculean task to hold interview of three hundred fifty

candidates on a single day and thereafter compile and collate their marks and

prepare final score sheet on the same day and thereafter place the panel of

selected candidates for approval in the meeting on that day itself. The submission

of the respondents that the entire recruitment process was conducted in hot haste

is evident in each and every step.

What is surprising is that the Municipality issued the letter of appointment

to the candidates on a single day and all the candidates joined service in the

Municipality on 23rd March, 2020. The Court cannot miss taking note of the fact

that the country was put under complete lockdown on and from 25th March, 2020,

and as such, the petitioners could not have performed their duties despite

appointment letter being issued to them. The Municipality, even thereafter, paid

the petitioners on account of their salary for the broken period for the month of

March, 2020 from the Municipality's own fund.

Contention of the petitioners that as appointment letter was issued to them

duly approved by the Governor, their service has to be treated as permanent and

without initiation of a regular disciplinary proceeding their service ought not to be

terminated, cannot be accepted by the Court, in view of the decision delivered by

the Hon'ble Supreme Court of India in State of Bihar & Ors. vs. Kirti Narayan

Prasad reported in 2018 SCC Online SC 2615 wherein the Court inter alia held

that the employees whose appointment was illegal and void ab initio cannot be

said to be civil servants of the State and there is no requirement of initiating

disciplinary proceedings against them for terminating their service. When the

recruitment process itself has been cancelled after it was found to be suffering

from several procedural lapses, the petitioners cannot be held to be appointed in

accordance with the rules. No right accrued in favour of the petitioners as the

recruitment process has been annulled. None can claim benefit of an illegally

conducted recruitment process which ultimately stood cancelled.

In Bahadursinh (supra) the Court deprecated the idea of taking steps on

dictation of superior authorities. True it is, but here the Minister took action on

receipt of the complaint from the Councillors of the same Municipality who clearly

highlighted the illegalities. An in-house enquiry was conducted prior to taking the

decision to cancel the entire recruitment process leading to cancellation of the

letter of appointment of the petitioners. Not taking any steps even after receipt of

the complaint would have resulted in gross injustice. The balance of justice and

injustice tilts in favour of taking action on receipt of a complaint rather than to sit

tight over the issue even after getting knowledge of illegalities being committed in a

public recruitment process.

The sheer speed in which the whole recruitment process was conducted

leaves no doubt in the mind of the Court that the same was engineered for the

benefit of the candidates who were ultimately issued the appointment letter i.e, the

petitioners herein. The Councillor himself and at least children of two Councillors

got the job. The said Councillors were part of the selection committee. In such a

situation, nepotism and favouritism cannot be ruled out. The entire recruitment

process appears to be a mere eyewash to scrape through the legal paraphernalia.

It is common knowledge that any public employment process is time

consuming. The recruitment process could not have been concluded within such

short span of time. Several logistic issues are there. The Court is not aware as to

how the government representative signed in the scoresheet, but fact remains that

he deposed in the enquiry and submitted that the illegalities pointed out by him

were ignored by the selection committee. In such position the said representative

ought not to have signed the documents, but irrespective of signing the documents

the same does not become sacrosanct.

In between 1st March to 20th March, 2020 the written exams, interview,

preparation of final scoresheet, preparation of panel of selected candidates,

forwarding the panel to the department, getting the same approved by the Director

of Local Bodies, everything was over. It is also not known as to how the panel,

which was recommended by the selection committee on 17th March 2020, could

have landed up on the table of the Director of Local Bodies and got approved on

20th March 2020. By that time Covid had set in and the departments were not

functioning normally. 21st March 2020 was a Saturday and Sunday 22nd March

2020 was declared as Janta Curfew by the Prime Minister of India and the entire

nation came to a standstill. Even thereafter, the petitioners managed to obtain

appointment letter on 23rd March 2020. It is not understandable as to how

appointment letters of seventy-four candidates could be prepared in the weekend

and how all the candidates joined on the same day i.e, Monday 23rd March, 2020.

The same appears to be nothing less than magic. A practically impossible feat has

been achieved by the petitioners. The State would have progressed by leaps and

bounds had public employment been possible at such breakneck speed.

In S.P.Kapoor (Dr.) vs. State of HP reported in (1981) 4 SCC 716 the Court

held that when a thing is done in a post-haste manner, mala fide would be

presumed. In the present case the entire process of recruitment took place in jet

speed and the Court cannot afford to overlook the same. Mala fide writ large in the

whole process.

In Rani Sati (supra) the Court refused to accept the submission of the State,

that the Minister, being the administrative 'head' of the department, has the right

to supervise all the activities of his subordinate officers in the matter of

discharging statutory duty.

In the instant case the role of the Minister has to be taken as whistle blower

and the trigger was the complaint filed by the councillors in response to which the

Minister flung into action. It is only after enquiry was conducted that the illegality

was unearthed. Had the curtain behind which the unlawful activity took place not

been lifted then the illegality would have been perpetrated and the illegal

recruitment would have passed on as a legal one.

There isn't any iota of doubt in the mind of the Court that the recruitment

process was far from being fair and transparent. On the contrary, it appears to be

marred by illegalities galore. The stand of the Municipality also raises genuine

doubts in the mind of the Court with regard to the fairness in the process. The

manner in which the Municipality has changed its stand goes to show that

everything was not right in the process. It is settled law that public employment

should be made strictly in accordance with the recruitment rules. The department

has cancelled the entire selection after illegalities were noted. The Court does not

find any error in such cancellation.

In view of the above the Court refrains from exercising jurisdiction in the

matter. The writ petition fails and is hereby dismissed. All connected applications

stand disposed of.

There will, however, be no order as to costs.

Urgent certified photocopy of this judgment, if applied for, be supplied to

the parties or their advocates on record expeditiously on compliance of usual

legal formalities.

(Amrita Sinha, J.)