Shillong, Dec 18: Advocate Kevin Ch. Sangma General Secretary A·chik Conscious Holistically Integrated Krima (ACHIK) has sent a notice to the Director of Accounts and Treasuries, Government of Meghalaya, Shillong under Section 80 of the Code of Civil Procedure, 1908, read with relevant service jurisprudence, regarding illegal and irregular appointments to the posts of Senior System Administrator and Assistant System Administrator in your Directorate – Demand for immediate cancellation and initiation of proper process.
advocate Kevin served this notice upon as the Director of Accounts and Treasuries, Government of Meghalaya.They act for and on behalf of ACHIK NGO and the aggrieved candidates of the state who have been deprived of their rightful opportunity due to the blatantly illegal and procedurally flawed appointments made under your authority.
This notice outlines the specific violations of law, npolicy, and procedure committed in the said appointment process. It has come to their knowledge that the office has recently made appointments to the posts of Senior System Administrator and Assistant System Administrator.
The advocate claim that a thorough scrutiny of the process reveals that these appointments are not only irregular but patently illegal, alleged that unauthorized and extraneous appointments, alleged that the office appointed seven individuals as Senior System Administrators and Administrative members and six as Assistant System Administrators outside the sanctioned and duly approved annual recruitment plan.
In the Notice pointed out that these appointments, made around 16/05/2024, lack any foundational administrative or financial sanction. Irregular extension of engagement, the irregularly appointed individuals were further engaged for additional periods of three months vide Order Memo No. DAMMTB3/28/17 f dated July 4, 2024, thereby compounding the initial illegality.
Bypass of Mandated Recruiting Authority, the entire appointment process was executed unilaterally by your office without the mandatory prior recommendation of the Meghalaya Public Service Commission (MPSC) or the duly constituted Screening Committee (SCA), as required under the applicable recruitment rules. This renders the appointments void ab initio.
In the notice alleged that it violate the Meghalaya Reservation Policy, 1972: The appointments were made in complete and deliberate disregard of the Meghalaya State Reservation Policy, enacted vide Resolution No. FER22/27F11B dated January 12, 1972.
The mandatory roster system for Scheduled Tribes (including the Garo community) and other reserved categories was not maintained. Appointments of this nature, made without adhering to the reservation roster, required prior approval from the State Cabinet, which was not obtained.
Contravention of Government Circulars, The process directly violates Office Circular Memo No. PER (AR)32/2022 issued by the Personnel & Administrative Reforms (P&AR) Department, which explicitly mandates adherence to reservation rosters.
Its violate of Specific Office Memorandums, The appointments further flout the following binding Office Memorandums issued by the P and AR Department: (i) No. PER (AR)23/87/2, dated October 3, 1997. (ii) No. PER (AR)33/97/1/11, dated May 9, 2020. (iii) No. PER (AR)133/91/1/13, dated May 23, 2025.
These memorandums collectively establish the framework for fair, transparent, and rule based recruitment, which has been wholly ignored. Departure from Established Recruitment Procedure: By appointing external candidates without a transparent competitive process and bypassing the MPSC, your office has acted contrary to the established norms of public employment, which guarantee equality of opportunity under Article 16 of the Constitution of India.
Appointment of Unqualified Persons: There are serious apprehensions that some of the appointed individuals may lack the essential qualifications prescribed for the posts. This not only compromises the efficiency of public service but also constitutes grave discrimination against other eligible and qualified candidates.
The advocate pointed out the legal implications, The aforementioned actions constitute; A breach of constitutional mandates under Articles 14 (Equality before Law), 16 (Equality of Opportunity in Public Employment), and 335 (Claims of Castes and Scheduled Tribes to services and posts), violation of statutory service rules and binding government orders/circulars, An act of misfeasance in public office.
In the notice alleged that a fraud on the public employment policy, causing irreparable loss and injustice to the eligible youth of Meghalaya, particularly from the Garo community and other reserved categories.
ACHIK call upon the director through this notice, to immediately cancle all the aforementioned illegal appointments to the posts of Senior System Administrator and Assistant System Administrator made under your authority. Initiate a fresh, transparent, and lawful recruitment process for these posts by strictly adhering to, the Meghalaya Public Service Commission (MPSC) procedure.
The Meghalaya Reservation Policy, 1972, in letter and spirit. All relevant Office Circulars and Memorandums of the P&AR Department.
In the notice has given seven days to rectify to terms within seven days from the receipt of this notice to comply with the demands stated above. In the notice stated that the Director should take note that if he fail, refuse, or neglect to cancel the illegal appointments and initiate corrective action within the stipulated seven days, they have clear and definite intent to initiate appropriate legal proceedings against your department in the High Court of Meghalaya. The suit will seek, inter alia, A writ or order for quashing the illegal appointments.
A mandamus directing the initiation of a proper recruitment process, costs of the litigation. Any other relief the Court deems fit. This notice is issued without prejudice to the rights and remedies available under the law, the notice was sign by Adv. Kevin Ch. Sangma General Secretary (Administration) Krima Council, H.Q. Tura A·chik Conscious Holistically Integrated Krima (ACHIK).
