Petitioners challenged the 1993 appointments of two private respondents as Assistant Sub Inspectors in Punjab police. Relying on Sivanandan C.T. (five-Judge Supreme Court bench), the High Court held that unseating long-serving appointees would not be appropriate and dismissed the petitions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CWP-233-1999 and other connected matters 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
206 +207+208
CWP-233-1999 Date of Decision : 25.09.2024 BALJINDER SINGH …. PETITIONER V/S
STATE OF PUNJAB AND ORS …. RESPONDENTS
CWP-240-1999
BIKRAMJIT SINGH …. PETITIONER V/S
THE STATE OF PUNJAB AND ORS …. RESPONDENTS
CWP-241-1999
DEVINDER SINGH …. PETITIONER
V/S STATE OF PUNJAB AND ORS …. RESPONDENTS
CORAM : HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present : None for the petitioner (s).
Mr. Aman Dhir, DAG, Punjab.
**** JAGMOHAN BANSAL, J. (Oral)
Anju Goel 2024.09.26 10:39 I attest to the accuracy and integrity of this document Chandigarh
CWP-233-1999 and other connected matters 2
all the petitions are common. For the sake of convenience and with the consent of parties, the facts are borrowed from CWP-233-1999.
“ The petitioner has prayed for quashing appointments of the non-official respondents as Assistant Sub Inspectors and also for issuance of a writ in the nature of mandamus directing the official respondents to appoint him as Assistant Sub Inspector.
In so far as the second prayer of the petitioner is concerned, the writ petition deserves to be dismissed in view of the dismissal of Civil Writ Petition No. 3919 of 1998 filed by him jointly with 12 others. In that case also the petitioners had prayed for issuance of a mandamus directing the respondents to appoint them as Assistant Sub Inspectors and after considering the various contentions urged on their behalf, the Court had rejected their plea. Therefore, it must be held that the petitioner's claim for issuance of a direction to the official respondents to appoint him as Assistant Sub Inspector is barred by res judicata.
Anju Goel 2024.09.26 10:39 I attest to the accuracy and integrity of this document Chandigarh
CWP-233-1999 and other connected matters 3
However, the plea of the petitioner with regard to invalidation of the appointments of the non-official respondents merits further consideration in view of the order dated September 10, 1998 passed in C.W.P. No. 3919 of 1998.
The writ petition is admitted in so far as the challenge to the appointments of the non-official respondents is concerned.
A copy of this order be served on the official respondents as well as the private respondents along with the notices.”
respondents who were appointed in 1993 i.e. more than three decades
back. Both of them might have attained the age of superannuation or would be on the verge of superannuation.
994 though held that appointment of Judicial Officer by Kerala High Court was bad in law, however, did not disturb appointment on the ground that already appointed officers have already served for nearly six years and gained experience. It would deprive the State and its citizens of the benefit of experienced judicial officers. The relevant extracts of the judgment read as:
60. The following are our conclusions in view of the above discussions:
Anju Goel 2024.09.26 10:39 I attest to the accuracy and integrity of this document Chandigarh
CWP-233-1999 and other connected matters 4
(i) The principles of good administration require that the decisions of public authorities must withstand the test of consistency, transparency, and predictability to avoid being termed as arbitrary and violative of Article 14;
(ii) An individual who claims a benefit or entitlement based on the doctrine of substantive legitimate expectation has to establish the following : (i) the legitimacy of the expectation; and that (ii) the denial of the legitimate expectation led to a violation of Article 14;
(iii) A public authority must objectively demonstrate by placing relevant material before the court that its decision was in the public interest to frustrate a claim of legitimate expectation;
(iv) The decision of the High Court of Kerala to apply a minimum cut-off to the viva voce examination is contrary to Rule 2(c)(iii) of the 1961 Rules.
(v) The High Court's decision to apply the minimum cut off marks for the viva voce frustrates the substantive legitimate expectation of the petitioners. The decision is arbitrary and violative of Article 14.
(vi) In terms of relief, we hold that it would be contrary to public interest to direct the induction of the petitioners into the Higher Judicial Service after the lapse of more than six years. Candidates who have been selected nearly six years ago cannot be unseated. They were qualified and have been serving the district judiciary of the state. Unseating them at this stage would be contrary to public interest. To induct the petitioners would be to bring in new candidates in
Anju Goel 2024.09.26 10:39 I attest to the accuracy and integrity of this document Chandigarh
CWP-233-1999 and other connected matters 5
preference to those who are holding judicial office for a length of time. To deprive the state and its citizens of the benefit of these experienced judicial officers at a senior position would not be in public interest.”
25.09.2024 (JAGMOHAN BANSAL) anju JUDGE Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No
Anju Goel 2024.09.26 10:39 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether appointments of private respondents as Assistant Sub Inspectors made in 1993 should be set aside after more than three decades.
Colour shows how this judgement treated each authority
Sivanandan C.T. and others vs. High Court of Kerala and othersApplied¶6
2023 SCC OnLine SC 994 · Who else cites this
1 provisions across 1 enactments
BALJINDER SINGH
STATE OF PUNJAB AND ORS
BIKRAMJIT SINGH
THE STATE OF PUNJAB AND ORS
DEVINDER SINGH
STATE OF PUNJAB AND ORS
JAGMOHAN BANSAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
