MALIRAM v. BHARAT PETROLEUM CORP LTD&ORS

Order 19/09/2017 A preliminary objection about maintainability of the writ petition has been raised. It is in the light of earlier DB Civil Writ Petition No.17973/2016, decided vide order dated 18.01.2017 and also SB Civil Writ Petition No.9487/2016 decided vide order dated 23.11.2016. It is submitted that the petitioners relatives have pursued the same issues earlier and the writ petition having been dismissed, present writ petition has been filed thus is not maintainable.

(2 of 3) [CW-17046/2016] I have gone through the order passed in SB Civil Writ Petition No.9487/2016. It has been summarily dismissed on the ground of locus after referring the issues raised therein but the ground raised in the present writ petition is slightly different. As per Clause 21, if any false information is given or any information is suppressed, the candidate deserves to be disqualified. The allegation against the selected candidates is about submission of false experience certificate.

The experience is said to have taken while holding the post of Sarpanch whereas, one cannot undertake the work while holding the post of Sarpanch, as stated.

Learned counsel for respondent No.1 Mr. Jai Prakash Gupta submits that no marks towards experience has been given but then it does not absolve their responsibility to apply Clause 21 of the Instructions for cancellation of the candidature. It is, however, submitted that vigilance cell had conducted the investigation but what report has been given is not known to him.

Learned counsel for both the parties were asked as to whether verification of the experience certificate of the private respondent at page 80 of the writ petition and affidavit at page 82 of the writ petition can be sought through the Superintendent of Police, District-Sikar. Both the parties have agreed for it. Accordingly, let experience certificate and the affidavit (page 80 and 82 of the writ petition) produced by the private respondent be sent to the Superintendent of Police, Sikar for its verification. It is as to whether it was genuinely issued by M/s Shri Shyam Kisan Service Center and, while doing so, care would be taken that the private respondent was (3 of 3) [CW-17046/2016] Sarpanch at the relevant time. The Superintendent of Police would look into the record of M/s Shri Shyam Kisan Service Center to make proper verification.

Learned counsel for private respondent submits that verification of the land offered by the petitioner should also be made. A direction for it would be given after the verification of the experience certificate of the private respondent thus after getting the report on it, the matter, if required, be sent for verification of the land offered by the petitioner.

Let a copy of this order along with experience certificate of the private respondent be sent to the Superintendent of Police, Sikar to cause enquiry and submit the report. It would be expected from the Superintendent of Police to take proper care to find out truthness of the certificate.

List this case immediately after getting the report.

(MN BHANDARI) J.

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