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Recruitment scam: HC calls Mishra panel unconstitutional

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Express News Service

Posted: Jan 15, 2009 at 0132 hrs IST

Lucknow In another blow to the BSP government, the Lucknow Bench of Allahabad High Court has termed the Shailja Kant Mishra Inquiry Committee, which probed the police recruitment done during the tenure of the Mulayam Singh Yadav government, as “unconstitutional”.

It was on the basis of this committee’s report that the government had cancelled the appointment of over 18,000 constables. The Bench, comprising Justices S N Shukla and A N Verma, held that the Mishra committee had no right to probe the matter. It was hearing a writ petition filed by IPS officer BB Bakshi and others, who were suspended for alleged irregularities in the recruitment, brought out by the Mishra committee.

On December 8, a single-judge Bench of the High Court had passed strictures on the Mishra committee and struck down the cancellation of the police recruitment.

The Mishra committee was formed by the Mayawati government following complaints of irregularities in the recruitment. An order for this purpose was issued by the Director General of Police (DGP) on June 13, 2007.

The court ruled that the DGP had no right to constitute such a committee. Therefore, all decisions taken on the basis of the recommendations put forth by the committee were unconstitutional. The court, however, stated that the state government can constitute another committee, if need be.

Soon after the court passed the order, Cabinet Secretary Shashank Shekhar Singh called a high-level meeting, where the Advocate General and senior officers were present. It was decided that the government would file a Special Leave Petition in the Supreme Court.

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