Supreme Court Orders Appointment of Excise Inspectors: Manish Kathuria vs. State of Punjab (2017)

Case Background

The appellants had sought appointment as Excise and Taxation Inspectors. The High Court of Punjab and Haryana at Chandigarh dismissed their claim. The High Court stated that their claim was highly belated. The appellants had previously approached the Supreme Court for impleadment when special leave petitions were pending. The Supreme Court had directed them to pursue their remedy before the High Court. Some of the appellants had already filed special leave petitions.

Timeline

Course of Proceedings

The High Court of Punjab and Haryana dismissed the appellants’ claim for appointment. The High Court reasoned that their claim was highly belated. The appellants had previously approached the Supreme Court when special leave petitions were pending. The Supreme Court had directed them to pursue their remedy before the High Court.

Legal Framework

The Supreme Court invoked its powers under Article 142 of the Constitution of India. This article allows the Supreme Court to pass orders necessary for doing complete justice in any cause or matter pending before it.

Article 142 of the Constitution of India states:

“142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. –
(1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter pending before it, and any decree so passed or order so made shall be enforceable throughout the territory of India in such manner as may be prescribed by or under any law made by Parliament and, until provision in that behalf is so made, in such manner as the President may by order prescribe.
(2) Subject to the provisions of any law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the territory of India, have all and every power to make any order for the purpose of securing the attendance of any person, the discovery or production of any documents, or the investigation or punishment of any contempt of itself.”

Arguments

The appellants argued that they were qualified for the position of Excise and Taxation Inspector. They also pointed out that there were vacancies available. They contended that they should be appointed to the posts.

The State of Punjab acknowledged that there were 12 vacancies as per the 1999 notification. They also admitted that there were 76 vacancies available in various categories as of now.

Issues Framed by the Supreme Court

The Supreme Court did not frame specific issues. However, the core issue was whether the appellants should be appointed to the post of Excise and Taxation Inspector given the availability of vacancies and their qualifications, despite the delay.

Treatment of the Issue by the Court

Authorities

The Supreme Court did not cite any specific cases or books. The primary authority was Article 142 of the Constitution of India.

Judgment

The Supreme Court directed the State of Punjab to appoint the appellants as Excise and Taxation Inspectors. The appointments were to be made within one month. The court also clarified that the appellants would get seniority from the date of joining. The court also allowed the appointing authority to verify the computer qualifications of the appellants.

What weighed in the mind of the Court?

The Supreme Court’s decision was driven by the need to ensure complete justice. The Court considered the availability of vacancies and the fact that the appellants were found qualified. The court also took into account that the appellants had been pursuing their case. The Court used its powers under Article 142 to overcome the delay in their claim.

The Court emphasized the need for complete justice. The Court stated, “we are of the view that this is a fit case for invocation of our jurisdiction under Article 142 of the Constitution of India for doing complete justice.” The Court also noted, “the appellants have been found otherwise qualified by the Committee appointed by the High Court.” The Court also stated, “the vacancies are available as of now to accommodate the appellants.”

Key Takeaways

• The Supreme Court can use its powers under Article 142 of the Constitution to ensure complete justice.
• Government vacancies should be filled by qualified candidates.
• Delays in claiming a right should not always prevent justice.
• The Supreme Court can intervene to correct injustices.

Directions

The Supreme Court directed the respondents to appoint the appellants to the post of Excise and Taxation Inspector within one month. The Court also clarified that the appellants would be entitled to seniority from the date of joining the service.

Development of Law

The judgment reinforces the Supreme Court’s power under Article 142 to ensure complete justice. It also highlights that the availability of vacancies and the qualifications of candidates are important factors when considering appointments. The Court clarified that the judgment is based on the peculiar facts of the case and should not be quoted as a precedent.

Conclusion

The Supreme Court directed the State of Punjab to appoint the appellants as Excise and Taxation Inspectors. The Court used its powers under Article 142 to ensure complete justice. This was despite the High Court’s view that their claim was belated. The judgment underscores the Supreme Court’s role in ensuring that justice is served.