Shimla: Show-cause notice to Joint Secretary for filing false affidavit

Legal Correspondent

Shimla, May 28

Taking a tough stand on the issue of filing a false affidavit before the court, the HP High Court today issued a show-cause notice to Niraj Chandla, Joint Secretary Panchayati Raj (PR) to the Government of Himachal Pradesh, on why she should not be prosecuted and punished for criminal contempt for having deliberately and willfully filing a false affidavit before the court. The court also asked why proceedings of perjury be not initiated against her before a competent court of law.

Panchayat Chowkidar selection process

A division Bench Comprising Justice Tarlok Singh Chauhan and Justice Sushil Kukreja passed the order on a petition challenging the selection process for the post of Panchayat Chowkidar, alleging that the Department, while selecting the candidate, had not followed due procedure and selected an ineligible person. The Department had filed a counter-affidavit and defended the recruitment process. However, it was evident from the record that as per the terms of the notice issued inviting applications for filling up the post of Panchayat Chowkidar on August 6, 2018, it was clearly provided that the applications duly accompanied by the requisite certificates should reach the Gram Panchayat latest by August 18, 2018. The interviews were held on August 25 at 11 am at the Panchayat Office.

In the reply filed by the Department, it averred that all the applicants were asked to submit their applications at the time of the interview, which is contrary to the notice.

Besides, the non-employment certificate of selected candidate was issued on August 29, 2018 — four days after the date of the interview and declaration of result. Despite that the selected candidate was awarded 3 marks for the same, i.e. for being unemployed as is evident from the result sheet. After perusing the counter affidavit, the court observed that, “Prima facie, the affidavit filed on behalf of respondents No.1 & 2 (Panchayati Raj Department) appears to be false.”

The court held that, “Since the selection is absolutely illegal, the appointment is accordingly set aside and the State is directed to appoint the person next in the merit as Panchayat Chowkidar.”