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Joginder Pal v. State of Punjab

Civil Appeal · Neutral citation not assigned (Civil Appeal Nos. 5589-5605 of 2014)Decided 23 May 2014
Civil Appeal Nos. 5589-5605 of 2014
Justice B.S. Chauhan · Justice A.K. Sikri

Background

Punjab cancelled civil-service appointments after a bribery and manipulation scandal involving the Public Service Commission chairman. Following an earlier Supreme Court remand, a scrutiny committee identified candidates implicated in the wrongdoing and separated others selected on merit. The High Court nevertheless upheld cancellation of the whole selection, including the appointments of those cleared.

Decision Breakdown

The Court restored the position of the untainted candidates and directed them to join duty. Once meaningful separation had been achieved, innocent recruits could not be dismissed merely because other candidates benefited from corruption. Their earlier actual service counted for seniority and future promotion, but the intervening period out of service carried no seniority or other benefits. Appeals by the candidates treated as tainted were dismissed, except the specified candidate found innocent whose case was considered with those cleared. The result was therefore partial relief, rather than restoration of every appointment in the disputed selection.

Lesson Learnt

A recruitment scandal does not justify punishing candidates established to be innocent when they can be reliably distinguished. Restoration of service may still carry limits on benefits for the time spent outside employment.

Official source (sci.gov.in)View Judgment (PDF)

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