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Section 173 in The Code Of Criminal Procedure, 1973
Citedby 2 docs
Rathore Poonam vs Pspcl And Others on 31 July, 2013
High Court Of Punjab And Haryana At ... vs Pspcl & Ors on 13 August, 2013

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Punjab-Haryana High Court
Major Singh And Others vs Punjab State Power Corporation ... on 3 April, 2013
CWP No.14036 of 2012 (O&M)                             1

                      AT CHANDIGARH

                            CWP No.14036 of 2012 (O&M)
                            Date of decision:03.04.2013

Major Singh and others                    ....Petitioners

Punjab State Power Corporation Ltd.
and another                               ....Respondents

CWP No.17401 of 2012 (O&M) Gurmeet Singh Madahar ....Petitioner Versus Punjab State Power Corporation Ltd.

and another                               ....Respondents

                            CWP No.15036 of 2012 (O&M)

Mandeep Singh and others                  ....Petitioners

Punjab State Power Corporation Ltd.

and another                               ....Respondents

                            CWP No.16065 of 2012 (O&M)

Rajiv Kumar Arora                         ....Petitioner

Punjab State Power Corporation Ltd.

and another                               ....Respondents

                            CWP No.16073 of 2012 (O&M)

Yashpal Sharma and others                 ....Petitioners

Punjab State Power Corporation Ltd.

and another                               ....Respondents
 CWP No.14036 of 2012 (O&M)                               2

                           CWP No.3480 of 2013 (O&M)

Parmod Kumar                                 ...Petitioner


Punjab State Power Corporation Ltd.

and another ....Respondents CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG

1. Whether reporters of local newspapers may be allowed to see judgment?

2. To be referred to reporters or not?

3. Whether the judgment should be reported in the Digest? Present:- Mr. Mohit Jaggi, Advocate and Mr. D.S.Patwalia, Advocate with Mr. Abhishek Singh, Advocate and Mr. Bikramjit Singh Patwalia, Advocate for the petitioners in CWP Nos.23723/11, 6065 & 16073 of 2012.

Mr. Harish Goyal, Advocate for the petitioner(s).

Mr. Jatinder Singh, Advocate for Mr. Ramandeep Singh Pandhey, Advocate for the petitioners.

Mr. Ashok Aggarwal, Sr. Advocate with Mr. Vijay Paul, Advocate for PSPCL.

Mr. Akshay Bhan, Advocate for respondents No.3 to 30.

Ms. Anju Arora, Advocate for respondent Nos. 3 to 29 in CWP No.14036 of 2012. Mr. Arun Nehra, Advocate for respondent No.3 in CWP Nos.16065 & 16073 of 2012. Mr. Girish Agnihotri, Sr. Advocate with Mr. Arvind Seth, Advocate for the respondent PSPCL.

CWP No.14036 of 2012 (O&M) 3

RAKESH KUMAR GARG, J (ORAL) C.M.No.5306 of 2013 The application is allowed, subject to all just exceptions. Annexure A-1 is taken on record.

Main case As per the averments made, challenge in all these writ petitions is to the written examination conducted by the respondents for selection to the posts of Assistant Engineer (On Training Electrical) and Junior Engineer (Electrical) on the ground that question paper was leaked and the same has throttled the rights of the deserving candidates for selection. A further prayer has been made for directing the respondents to re-conduct the examination for the aforesaid posts, in a transparent manner after canceling the examination held on 15.7.2012, with a further prayer that respondent be directed to get conducted an independent inquiry into the leakage of question paper on 15.7.2012 or to pass any other order in peculiar circumstances of the case.

By moving C.M.No.5306 of 2013 in CWP No.14036 of 2012, the respondents has sought to place on record a decision of the Board of Directors of the Punjab State Power Corporation Ltd in its Adjourned 25th Meeting held on 25.03.2013 at Mohali.

Vide aforesaid resolution which has been taken on record, the Board has resolved and further approved the cacellation of the written test held on 15.7.2012 against advertisement CRA

-276/12 . The relevant part of the aforesaid resolution reads thus:- CWP No.14036 of 2012 (O&M) 4

"EIC/HRD apprised the Board about the details given in the memorandum and the facts that TRANSCO also appointed Edcil for conducting the test for their recruitment after the test conducted by PSPCL and there was no such problem reported. He also apprised that Edcil has not yet been contacted for the test and as such may or may not accept the assignment to conduct the test again. Further, it was also informed that the candidates who will be identified in the final report of DIG/Cyber Crime in misdeed in the earlier written test shall be debarred from appearing in the written test or their result shall not be declared or appointment letters shall not be issued or shall be debarred from appearing further in any test etc. as to be decided by the PSPCL based on further investigation of if appointed will be dismissed if they join the service before the conclusion of investigation. EIC/HRD submitted before the Board that there has been typographic error in the decision required and Para No.14 has been written as Para-13. The Board thereafter passed the following resolution:
RESOLVED THAT approval be and is hereby accorded to cancel the written test conducted on 15.07.2012 against CRA No.276/2012 for the posts of AE/OT(Eect.), AE/OT(Mech), AE/OT (Electronic and Communication), AE/OT (Instrument and Control), AE/OT(Civil), Junior Engineer (Elect.), APA (Elect.) AJS (Elect), APA (Mech.) AJS (Mech.), Supervisor Instrumentation and Junior Engineer (Civil).
FURTHER RESOLVED THAT approval be and is hereby accorded to recondut the written test for these posts for the already registered CWP No.14036 of 2012 (O&M) 5 candidates against CRA No.276/2012 and various precautions as listed in Para-14 of the Memorandum shall be taken care while conducting the written test.
FURTHER RESOLVED THAT approval be and is hereby accorded to get the written test conducted and the process of preparation of merit list etc. throug M/s Edcil as they are having the complete database of the existing registered candidates or any other reputed agency.
FURTHER RESOLVED THAT the Committee of WTD's be and is hereby authorised to finalise/approve the commercial terms with M/s Edcil or any other reputed agency, as the case may be."

Mr. Arvind Seth, Advocate who is assisting the Senior Counsel Mr. Girish Agnihotri, on instructions from Mr. Rakesh Kumar Bawa, Deputy Secretary (Recruitment) Power Corporation Ltd. Patiala, who is present in the Court, has stated that the aforesaid resolution stands implemented and the aforesaid written test conducted on 15.7.2012 stands cacelled.

In view of the aforesaid stand taken, this Court is of the view that all these writ petitions have been rendered infructuous.

Ordered accordingly.

Needless to say, all the pending applications in these writ petitions also do not survive. However, the selected candidates are at liberty to challenge the action of the respondents in cancelling the examination in accordance with law, if so advised, in independent and appropriate proceedings.

CWP No.14036 of 2012 (O&M) 6

Learned State counsel has also filed status report with regard to investigation in the FIR No.4 dated 5.3.2013 Police Station Cyber Crime, Mohali, in a sealed cover and the same is taken on record.

The Registrar Judicial is directed to keep the aforesaid status report which is in sealed cover in safe custody till further orders.

The respondent-State is further directed to complete the investigation in the aforesaid FIR and file the report under Section 173 Cr.P.C as expeditiously as possible .

Compliance report/status report be filed on or before 31st July, 2013.

April 03, 2013                          (RAKESH KUMAR GARG)
savita                                        JUDGE