HC To IAS N Gulzar : Unfit To Be In A Govt. Service

The application was rejected on grounds of his father getting the pension after his retirement as an employee of private bank. Also he is older than the age that is required for the job. Srinivas moved to high court in 2021.

The HC set aside the proceedings rejecting his application and asked the petitioner to apply for the job afresh. The HC directed the officials to take a decision on his application within four weeks. As the orders of the high court were not complied within the stipulated time he moved a contempt petition.

While the case of contempt was pending before the High Court, the then principal secretary Gulzar issued orders rejecting the application on the same grounds as before and filed a memo stating that the High Court’s orders had been complied with. Accordingly the case of contempt petition was also closed by the high court.

This second rejection of application was again challenged by Srinivas in the HC. As this rejection was done on the same ground which HC set aside earlier. On considering both sides Justice Gannamaneni Ramakrishna Prasad that Gulzar showd to respect towards the constitutional aspect of governance, hence he was stated as unfit to hold the position as a public servant.

Justice Prasad also highlighted the point that Gulzar passed an order that will consciously frustrate a judicial verdict. By such conduct, he had violated the very inviolable ‘Principal Doctrinal Barrier’ which is the Lakshman Rekha for the executive. The HC stated that the officer Gulzar has made the mockery of the ‘Rule of Law’ and the ‘Separation of Powers’.

The second rejection was set aside by the High Court and a show cause notice was issued for Gulzar as to why the court should not direct the government for termination of Gulzar from the services, as he is unfit to hold the job in government service according to High court under Article 310 of the constitution. The high court also issued another show cause notice as why he should not be prosecuted and not be punished for contempt of court .