Kashish v. State Of Haryana And ANR









 

 



 












!"#"

$%
&''  

        

   (
%
 )*
( '
 +
, 
+'
 
-----

  

  !"# 

 !"$ %&"

' !

     

()!**"+"#$ %&"

 '  

  ,   "

")-"$.$"(""  ///// , 
+'
 .
'
/ 012 1.



* directions to the respondent No.2 to regularize the petitioner on the post of Account Clerk, as per the terms and conditions of the appointment letter dated 12.10.2021, on completion of one year and for grant of regular pay scale, the instant writ petition has been filed. 2.

Counsel for the petitioner had pointed out during the course of arguments that all appointments are being made in a similar manner and more than 250 such appointments have been made in the past. 3.

Counsel appearing on behalf of the Haryana Council for Child Welfare however informs that the insertion of the aforesaid clause was on

-2account of a mischievous and malicious misconduct by then District Child Welfare Officer in having given appointment to the petitioner, who is closely related to her and an inquiry into the same has already been initiated. The advertisement or the approval prior thereto did not stipulate any regularization.

4.

Faced with the above, Counsel for the petitioner seeks withdrawal of the instant writ petition and does not press the claim raised herein.

5.

The request is allowed. The writ petition is dismissed as withdrawn.

6.

However, the issue that raises the concern of this Court is that appointments to the different posts in the Haryana Council for Child Welfare, of which the officials of the State are ex-officio members/Chairman and other officials/office bearers are nominated by the State Government, reflects that there is nepotism and breach of the mandate of Article 15 of the Constitution of India. The process of appointment and insertion of similar clauses(s) in such a manner, to extend benefit to a limited class of people who have the right connections at the right places, defeats the confidence of people in securing public appointment as well as the constitutional mandate of equality of opportunity.

7.

I find that such a large number of engagements in a manner and a procedure which is not prima facie justified or have the backing of the statute requires an inquiry not only into conduct of the people who have been engaged but also into the conduct of the people who were at the helm of affairs in making such engagements.

-38.

The Director General, State Vigilance Bureau, Haryana renamed as Anti Corruption Bureau, Haryana is hence directed to depute an officer not below the rank of an IG to conduct an inquiry into the malpractices, if any, that may have been adopted by the Haryana Council for Child Welfare/District Council for Child Welfare in the State in engagement of persons against different posts, made in last five years ending on 31.12.2024 i.e. 2019 to 2024 and to submit a report. 9.

The Counsel for the respondent-Haryana Council for Child Welfare has no objection to the same and undertakes to furnish the entire record pertaining to the appointment made between the year 2019 to 2024 as may be asked for by the Anti Corruption Bureau, Haryana for proper inquiry.

10.

Let the needful be done within a period of three months on receipt of certified copy of this order.

/, 
+'
 2
  *
&.






 
   1!

!



"0 *2 "

%
 2 1!

!



 "3#

 2