Municipal Board Rawatbhata vs Bheru Lal and Others

We have heard learned counsel for the appellant-Municipal Board as well as the appellant-State.

These four Special Appeals have been filed by the State of Rajasthan and the Municipal Board, Rawat Bhata, District Chittorgarh, against the interim orders passed by learned Single Judge by which a direction has been issued that salaries be paid to 122 Safai Karamcharis, whose services were terminated after enquiries were made, in which findings were recorded of large scale illegalities and irregularities in the selection of 122 Safai Karamcharis in the Nagar Palika, Rawat Bhata, District Chittorgarh.

It is submitted that a writ petition being SBCWP No. 13040/2013 "Ratan Lal Narwal v. State of Rajasthan" was filed by the unsuccessful candidates to restrain appointments of Safai Karamcharis in pursuance to an appointment order dated 4.10.2013. Learned Single Judge observed that all the selected candidates have already been allowed to join the duties in pursuance to the appointment order and an enquiry has already been ordered against the selection process, which is pending before the Director, Local Self Government and, on which, the writ petition was disposed-of with the directions to the Director, Local Self Government to conclude the pending enquiry within a period of two months.

An enquiry at the level of Nagar Palika, Rawat Bhata, District Chittorgarh, was made by an Enquiry Committee in respect of the selections. In the enquiry report dated 5.12.2013 forwarded to the Director, Local Self Government, it was found that the selections were made for the excessive number of posts sanctioned by the State Government. There was requirement of 53 Safai Karamcharis in all, as against which 23 are already working and, therefore, there was requirement of only 30 posts, whereas 216 posts were sanctioned. The Selection Committee was not appointed in accordance with the directions issued by the Local Self Department, Government of Rajasthan dated 3.5.2013 and 7.6.2013. The eligibility of the persons was not taken into consideration, inasmuch as persons below the age of 18 years as well as those, who were above 35 years were considered for selection and appointed. Preference was not given to those persons, who are traditionally engaged in the work of cleaning, road sweeping, sewerage cleaning and those who are still engaged in the manual scavenging. Appointments were given to more than one persons of a family and that the statutory rules were not followed. Those, who had more than two children after the appointed date, were selected. It was found that the statutory rules of selections were given a complete go by and that in some of the cases, where the appointments were made, the applicants were not present on the dates of interview. It was also found that the appointment orders allowed persons to join duties on back date i.e. 4.10.2013, whereas selections and appointments were made subsequently.

It is submitted that the Dy. Director, Local Self Government, Udaipur, was asked to conduct an enquiry in which she confirmed the findings of the Enquiry Committee, constituted by the Nagar Palika, Rawat Bhata. The Dy. Director found that almost all the rules of selections beginning from the number of sanctioned posts, constitution of selection committee, eligibility, preference in appointments, reservations and the appointment of persons, who were below minimum or above maximum age and had more than two children, were violated. Several persons were appointed from the same family and that appointment orders were issued in back date. The Dy. Director also found that most of the selectees did not have requisite experience of work nor they were entitled to preference, given to them.

The Director cum Joint Secretary, Local Self Department, Government of Rajasthan, Jaipur by his order dated 17.10.2014 on the basis of the serious irregularities, confirmed in the enquiry report, including the failure to constitute the Selection Committee in pursuance to the directions of the department dated 3.5.2013, failing to provide reservations, giving appointments to the persons below the minimum age and above the maximum age and other violations viz; giving appointments to persons who had more than two children and selecting more than one persons from the same family, found that the entire selection of 122 Safari Karamcharis was vitiated in law and, thus, cancelled the selections.

In pursuance to the order dated 17.10.2014, the Executive Officer, Nagar Palika, Rawat Bhata, by order dated 22.10.2014 cancelled the selections and appointments of all the 122 Safai Karamcharis, giving rise to the writ petitions, in which interim orders were passed.

Initially, an interim order was passed in SBCWP No. 6764/2014 "Pawan Kumar v. State of Rajasthan", when the enquiry was pending, giving directions to the concerned Municipal Board to consider to make payment to the petitioner from whom actual work was taken of Safai Karamchari, subject to final decision of the writ petition. In the subsequent writ petition being SBCWP No. 6779/2014, an interim order was passed directing the respondents to pay the balance salary till the next date of hearing and that following the stay order dated 8.1.2015, another order was passed on 13.3.2015 observing that in view of the orders dated 9.10.2014 and 8.1.2015, the petitioners are entitled to their salary for the period they are working.

It is submitted that the application for vacating the interim order is pending but on account of the interim orders, the Nagar Palika, Rawat Bhata, District Chittorgarh has been made to pay their salaries, putting a heavy financial burden, which will completely exhaust the financial resources of the Nagar Palika, Rawat Bhata. The continuance of the interim order has made the working of the Nagar Palika, Rawat Bhata very difficult and virtually impossible.

It is submitted that in view of the large scale irregularities, it was not necessary to afford an opportunity of hearing to any or all the petitioners. The Supreme Court, in the circumstances, in which large scale of illegalities and irregularities are established, has held that it is not necessary to hold a departmental enquiry giving opportunity to any or all of the persons, who were selected.

In the facts and circumstances of the case, while issuing notices to the respondents, we stay the operation of the interim orders of learned Single Judge dated 9.10.2014, 8.1.2015, 13.3.2015 and 7.4.2015 directing the appellants to make payment of salary to the respondents, whose services have been terminated on cancellation of the entire selections. The appellants will serve copies of the notices on the counsel appearing for the respondents in the writ petition from which these Special Appeals arise, which will be taken to be sufficient service on them.

Learned Single Judge may consolidate all the writ petitions and is requested to hear them finally at an early date.

List again on 21st July, 2015. A copy of this order be placed in all the Special Appeals.