HC for fresh enquiry into appointments, cancellation in KVIB

Excelsior Correspondent
Srinagar, Sept 28: High Court today directed for fresh enquiry into controversial appointments and cancellation of appointments made in 2016 in Khadi and Village Industries Board (KVIB).
Justice Ali Mohammad Magrey while deciding a batch of writ petitions in a common judgment left it open for the Government to conduct a fresh enquiry into the selection process.
Court directed for proceeding in the matter as the outcome of any such enquiry may result in withdrawal or continuation of orders of cancellation of selection and appointment of petitioners.
“Such enquiry, may be initiated within three months from the date of this judgment and completed within a period of six months thereafter”, Justice Magrey directed.
The petitioners were aggrieved of and challenged Government order no.127-IND of 2019 dated 28.06.2019 issued by the Principal Secretary to Government, Industries and Commerce Department, quashing or cancelling the selections made in the Khadi and Village Industries Board pursuant to advertisement notice no. KVIB/01 of 2016 dated 08.10.2016.
They submitted that their selections were cancelled about 20 months after they had been appointed on the basis of such select list. They have also challenged Order no.KVB/168 of 2019 dated 14.10.2019 issued by the J&K Khadi and Village Industries Board terminating their services.
Justice Magrey added that the court does not in any manner or by any standards hold that the selection process has been fair or that the select list was fairly drawn; instead, the Court is only holding the manner adopted by the respondents in dealing with the matter as unfair.
The petitioners were appointed on the posts mentioned as Executive Officer, Publicity Officer, Assistant Executive Officer and Junior Statistical Assistant, on the basis of the select list furnished by the Controller of Examination and duly approved by the competent authority on 20.02.2018.
It is vide advertisement notice no. KVIB/01 of 2016 dated 08.10.2016 notifying 6 posts of Executive Officer, 1 post of Law Officer, 1 post of Publicity Officer, 2 posts of Assistant Executive Officer/Recovery Officer, 1 post of Field Publicity Officer, 23 posts of Accounts Assistant/Junior Auditor, 8 posts of Junior Statistical Assistant, 23 posts of Junior Assistant/Record Keeper, 23 posts of Junior Supervisor, 1 post of Orderly and 2 posts of Fieldmen (Beekeeping).
After the petitioners had joined their respective posts of appointment, the Government in the General Administration Department issued order no.462-GAD of 2018 dated 19.03.2018 constituting a three-member High Level Inquiry Committee under the Chairmanship of the Principal Secretary to Government, Home Department, with Principal Secretary to the Government, Health & Medical Education Department, and Secretary to the Government, School Education Department, as its two Members, to enquiry into the selection made by the Board against various posts.
The Government order did not specify which selection it pertained to and which it was referring to. Nonetheless, the Enquiry Committee appears to have proceeded to enquiry into the selections made pursuant to advertisement notice no. KVIB/01 of 2016 dated 08.10.2016.
On receipt of the enquiry report all the selections made in the KVIB pursuant to advertisement notice No.KVIB/01 of 2016 dated 08.10.2016 were quashed and cancelled.