Principle of equity under Art 14 can’t perpetuate illegality: High Court - ECAS Punjab

Principle of equity under Art 14 can’t perpetuate illegality: High Court

Share This

Saurabh Malik

Tribune News Service

Chandigarh, September 14

The Punjab and Haryana High Court has made it clear that principle of equity and fair play enshrined in Article 14 of the Constitution could not be raised in a negative manner to perpetuate an illegality.

The ruling came in a case where a forest guard, initially appointed on compassionate grounds, was promoted on the premise that certain other employees possessing lower qualifications were adjusted on a post higher than his.

Taking up the matter, the Bench also put the state of Punjab and other respondents on notice for enabling them to explain “the sordid state-of-affairs”. The case will now come up for hearing in October third week.

The matter was brought to the HC’s notice after Narinderpreet Singh was demoted to forest guard’s post. Aggrieved, he had challenged order dated August 21 passed by Punjab Principal Chief Conservator of Forests withdrawing the benefit of compassionate appointment granted to him on the deputy ranger’s post.

The Bench was told that the petitioner was offered forest guard’s post on compassionate basis vide office order dated June 26, 1999. After a lapse of more than two decades, the petitioner was adjusted on deputy ranger’ post.

Justice Tejinder Singh Dhindsa asserted such a reasoning would be erroneous. “The principle of equity and fair play enshrined in Article 14 of the Constitution is a positive concept. Such plea cannot be raised in a negative manner so as to perpetuate an illegality,” he asserted.



from The Tribune https://ift.tt/35AwCtJ

No comments:

Post a Comment

Pages