SC strikes down Bihar ad hoc appointments

The Supreme Court has held that Doctrine of equality is a positive concept and cannot be invoked to perpetuate any illegality or an irregularity or FIR taking advantage of a wrong order passed by a court.

A bench comprising Justices Markandey Katju and G S Singhvi while holding the efforts by the then regional director in the animal husbandry department, Bihar Dr Darogi Razak for regularising as adhoc appointment in the department on May 11, 1992 , a farce noted, ‘we hold that the initial appointment of the respondents were made in gross violation of the doctrine of equality enshrined in article 14 and 16 of the Constitution and the provisions of the 1959 Act and the learned single judge gravely erred by directing their reinstatement with consequential benefits.’ Justice Singhvi writing 66 page judgment for the bench allowed the appeal of state of Bihar against Patna High Court judgment regularising the appointments of Upendra Narayan Singh and others.

The apex court in its judgment also held,’ doctrine of equality before law enshrined in article 14 is a positive concept and it cannot be enforced by a citizen or a court in a negative court.

If an illegality or irregularity has been committed in favour of any individual or a group of individuals or a wrong order has been passed by a judicial forum , others cannot invoke the jurisdiction of the higher or superior court for repeating or multiplying the same illegality or irregularity or for passing wrong order.’ Bihar government had banned adhoc appointments vide circular dated April 27, 1979 after taking note of the fact that large scale illegal adhoc appointments were being made in a scandalous manner.

On March 10 1985, government passed an order for cancellation of all adhoc appointments and for filling the vacancies in accordance with rule.

On May 11 1992, Dr Razak constituted a local appointment committee and regularise the adhoc appointment on the same day.

The apex court took note of the entire exercise undertaken by Razak in a tearing hurry.

Almost during the same period, Bihar animal husbandry department was rocked by fodder scam running into hundreds of crores of rupees.

UNI