The Punjab and Haryana High Court has expressed serious displeasure and passed strictures against the Punjab government for not appointing clean officers at public posts. The Punjab government drew severe criticism from a division bench comprising Justice JS Khehar and Justice SD Anand on the appointment of Pavittar Pal Kaur as Secretary of Punjab School Education Board (PSEB). The Bench ruled that the appointment of Kaur was of extraneous character. The Bench today dismissed an appeal filed by Kaur who had challenged an order of a single Bench which had set aside the appointment of Pavittar Pal Kaur. Aggrieved,she had filed an appeal challenging the order of Single Bench which was dismissed by the division bench. Kaur who was appointed as Secretary,PSEB,on August 31,2006 was facing prosecution in a case filed against her by the Punjab Vigilance Bureau on charges of cheating,forgery and criminal conspiracy. Allegations against Kaur were that she was a member of the selection committee which had recommended recruitment of 134 tainted clerks. How could a public servant facing a prosecution and departmental proceedings as well be held to be fit to hold the office of Secretary of the Board is beyond our imagination. We are particularly distressed at the turn of events in view of the fact that there were other candidates available who were not facing either a criminal prosecution or any departmental action the Bench observed. Appointing authority opted to appointed Kaur as against them,is by itself,is indicative of the extraneous character of the appointment. The Court cannot be a mute spectator to an action of the category particularly when it concerns larger public interest,the order reads. A candidate facing such serious charges would not deserve to be considered for appointment to a public office of the indicated category which involved handling of a job of great responsibility. Irregularities whether actuated by corrupt practices or otherwise have already eroded the confidence of common man in the public service dispensation. In fact,appointments to public offices must compulsively be absolutely transparent in character. Any appointment which is apparently wrong erodes sacrosanct character of the public office, the division bench ruled. The government should refrain from appointing those persons who are under cloud of suspicion. There is no reason as to why not prefer a clean candidate. Money may have no role at all to play in grant of benefit. Nonetheless,such a consideration would be foreign to the realm of merit and would be extraneous in character,the detailed judgment reads.
