Court Quashes Orders Annulling Appointments, Upholds Statutory Service Rules Over Non-Statutory Instructions
In a landmark judgment delivered by Justice Harpreet Singh Brar, the Punjab and Haryana High Court has ruled against the delegation of supervisory and corrective powers under Section 33(4) of the Punjab Agricultural Produce Markets Act, 1961 to the Secretary of the Punjab Mandi Board, declaring it invalid. The judgment quashes the orders passed by the Secretary that annulled the appointments of several petitioners, citing a lack of legal authority to execute such powers.
The court examined the validity of the delegation of powers and determined that the proposal for delegation was not duly authorized by the Punjab Mandi Board itself. This lack of authorization meant that the Secretary's actions were beyond his legal competence, thereby invalidating the orders he passed to annul the appointments.
Moreover, the court emphasized that recruitment processes governed by statutory service rules cannot be invalidated based on non-statutory executive instructions or minutes of a meeting. The court pointed out that the minutes of the meeting dated March 30, 2011, used as a basis for annulling appointments, held no legal value as they were not formal statutory amendments.
The judgment also made a distinction between 'illegal' and 'irregular' appointments, noting that irregular appointments made against sanctioned posts by a competent authority with qualified appointees cannot be invalidated merely due to procedural lapses. Illegal appointments, however, are void ab initio if made in fundamental violation of statutory mandates or constitutional schemes.
Justice Brar further directed the Administrative Secretary to examine cases of fraud or misrepresentation in appointments, if any, and to pass reasoned orders in accordance with the law. The petitioners who have served over 14 years under interim protection were assured that their long service cannot be invalidated merely due to irregularities not amounting to illegality, ensuring their continued employment.
The judgment sets a precedent in service jurisprudence, emphasizing the importance of statutory compliance and the protection of public employment rights. It reinforces the principle that executive instructions cannot override statutory rules, and underscores the need for transparent and fair recruitment processes.
Bottom Line:
Delegation of powers under Section 33(4) of Punjab Agricultural Produce Markets Act, 1961 to Secretary, Punjab Mandi Board declared invalid. Recruitment process governed by statutory service rules cannot be invalidated based on non-statutory executive instructions or minutes of meeting. Irregular appointments not illegal if made against sanctioned posts with qualified appointees.
Statutory provision(s): Punjab Agricultural Produce Markets Act, 1961 Sections 3(17), 20, and 33(4), Punjab Market Committees (Class-III and Class-IV) Service Rules, 1989
Sandeep Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2851177
