The Punjab and Haryana High Court granted relief to retired IAS officer Ashok Khemka by directing that he be accorded notional empanelment for appointment to the post of Additional Secretary in the Government of India. The Court held that the denial of empanelment was arbitrary and unsustainable and found that the decision-making process adopted by the authorities suffered from serious deficiencies. The judgment came in response to a challenge mounted by Khemka against the refusal to include his name in the panel prepared for appointment to senior positions in the Central Government.
Khemka, a senior IAS officer of the Haryana cadre, had approached the Court contending that despite possessing the requisite qualifications, experience, and service record, he was denied empanelment without any valid justification. He argued that the process leading to the decision was arbitrary and lacked transparency. According to him, the authorities had failed to properly assess his service credentials while considering his case for empanelment at the level of Additional Secretary.
The High Court examined the records relating to the empanelment exercise and considered the manner in which the authorities evaluated eligible officers. During the proceedings, the Court scrutinized the material relied upon by the government in denying empanelment to Khemka and assessed whether the decision-making process satisfied the requirements of fairness and reasonableness.
The Court observed that empanelment for senior positions in the Government of India is a significant aspect of the career progression of IAS officers. Such decisions are expected to be taken through a fair, objective, and transparent process. The Bench emphasized that administrative authorities are required to apply uniform standards while evaluating candidates and must ensure that decisions affecting career advancement are based on relevant considerations.
After examining the material on record, the Court found that the denial of empanelment to Khemka could not be justified on the basis of the reasons advanced by the authorities. It noted that the decision did not appear to have been supported by an objective assessment of his service profile. The Court observed that the process lacked sufficient justification and resulted in unequal treatment.
The Bench held that administrative decisions concerning empanelment cannot be arbitrary and must satisfy constitutional requirements of fairness and non-discrimination. It observed that when an officer is denied consideration for a senior position despite possessing the necessary qualifications and experience, the authorities must be able to demonstrate a rational basis for such a decision.
The Court further noted that empanelment exercises have a direct bearing on the professional standing and future prospects of civil servants. Consequently, decisions in such matters must be supported by cogent reasons and should be capable of withstanding judicial scrutiny. The absence of a reasonable basis for excluding an officer from empanelment may render the decision vulnerable to challenge.
In Khemka’s case, the High Court found that the authorities had failed to establish any convincing justification for denying him empanelment. The Court observed that the material available on record did not support the conclusion that he should have been excluded from consideration for appointment at the level of Additional Secretary.
The Bench concluded that the decision suffered from arbitrariness and could not be sustained in law. It held that administrative discretion, although broad in matters relating to service and empanelment, cannot be exercised in a manner that is irrational or unsupported by relevant considerations. The Court reiterated that fairness and objectivity are essential requirements in all administrative decision-making processes.
While considering the appropriate relief, the Court took note of the fact that Khemka had already retired from service. In view of this circumstance, the Court observed that actual empanelment and appointment were no longer possible. However, it held that the illegality in the denial of empanelment could still be addressed through the grant of notional relief.
Accordingly, the Court directed that Khemka be accorded notional empanelment for the post of Additional Secretary. The relief was intended to recognize the position that he would have occupied had the empanelment process been conducted fairly and in accordance with law. By granting notional empanelment, the Court sought to remedy the consequences of the arbitrary decision that had adversely affected his career progression.
The judgment emphasized that public authorities must adhere to principles of fairness, transparency, and equality while making decisions that affect the careers of civil servants. The Court observed that arbitrariness has no place in administrative decision-making and that every eligible officer is entitled to fair consideration under the applicable norms and procedures.
The High Court ultimately held that the denial of empanelment to Ashok Khemka was arbitrary and unjustified. It concluded that the authorities had failed to demonstrate a rational basis for excluding him from the panel and that the decision could not withstand judicial scrutiny. By granting notional empanelment, the Court provided a measure of relief to address the consequences of the unlawful decision and reaffirmed the requirement that administrative actions affecting public servants must be fair, objective, and legally sustainable.
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