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HC set aside 12 yrs old appointments of two HPPCL employees

Himachal Pradesh High Court today passed a order set aside appointment of of two employees done in Mar 2010 ordering the state government to  hold an inquiry into the entire episode and initiate disciplinary or criminal, or both, proceedings against the erring officers who was justifying the illegal appointments. A 23 page order was passed by the single bench of Himahcal Pradesh High  court judge Justice Tarlok Singh Chauhan here today copy of which is with us. The court said that   the appointments of respondents No. 3 and 4 as Assistant Personnel Officer (E-I) and Junior Officer (P&A) in the Himachal Pradesh Power Corporation limited vide letters dated 4.3.2010  are quashed and set aside. The HPPCL respondent (No.1)  directed to consider the case of the petitioner as Personnel Assistant Officer in place of respondent No.3 and consequently recommendations made by the selection committee Feb 19. 2010 are quashed and set aside. The court warned the state and public sector units that it had ignored similar order made by the court on the earlier occasion, here again, instead of mending their ways the official respondents filed a  supplementary affidavit again trying to justify the appointment of private respondents even after knowing fully well their appointments were illegal. The court held that  private respondents have not chosen to contest  the petition and yet it is respondents No. 1 and 2(HP state electricity Board) who are pleading equity on their behalf. Court inferred from the stand taken by the state and public sector company in such circumstances and permitting such state of affairs to continue by simply quashing appointment of respondents No. 3 and 4, the court would not be doing complete justice between the parties. Court directed the Additional Chief Secretary (Power) to personally hold an enquiry into the entire episode and initiate disciplinary or criminal, or both, proceedings against the erring officers irrespective of whether these officers are serving or retired. Such inquiry be completed as expeditiously as possible and in no event later than six months. Court found that petitioner has been dragged in the unwarranted or otherwise avoidable litigation, therefore, he is entitled to costs of litigation and damages, which is assessed at Rs. 1,00,000/- to be paid initially by respondents No. 1 and 2 to be recovered from erring officers. The court allowed the instant petition of the petitioner  Roshan Lal who have challenged the the appointment of two respondents terming them it largesses of government .The court have fixed next date of hearing  for the compliance on Sep 8, 2022. .

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