JOGINDER PAL & ORS. ETC. versus STATE OF PUNJAB & ORS.

JOGINDER PAL & ORS. ETC. versus STATE OF PUNJAB & ORS.

Once it is possible to segregate candidates whose appointments were tainted from those whose appointments were untainted, it is impermissible to cancel the entire selection process. Unblemished candidates selected on merit must be reinstated, but period out of service is not to be counted for seniority or other benefits, while prior service is considered for seniority and promotion.

Parties
Appellants: Joginder Pal & Ors. etc.; Respondents: State of Punjab & Ors.
Jurisdiction
India
Judgment Date
23 May 2014
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeals partly allowed
Legal Topics
Recruitment, Appointment, Termination of Service, Segregation of Tainted and Untainted Candidates, Selection Process, Public Service
Service Law Recruitment Appointment Termination of Service Segregation of Tainted and Untainted Candidates Selection Process Public Service

Case Brief

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Parties

Joginder Pal & Ors. etc.

Appellants

State of Punjab & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the entire selection process for Punjab Civil Service, Executive Branch and Allied Services Branch, as well as judicial appointments, was vitiated and required cancellation
  2. 2 Whether segregation between tainted and untainted candidates was permissible and justified
  3. 3 Whether reinstatement of untainted candidates was warranted

Ratio Decidendi

Once it is possible to segregate candidates whose appointments were tainted from those whose appointments were untainted, it is impermissible to cancel the entire selection process. Unblemished candidates selected on merit must be reinstated, but period out of service is not to be counted for seniority or other benefits, while prior service is considered for seniority and promotion.

Court Disposition

Appeals partly allowed

Orders

  • Judgment of the High Court set aside for untainted appellants.
  • Appellants allowed to rejoin duties forthwith.