Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law-Post and Telegraph Department-Contractual appointment of Extra Department Delivery Agent(EDDA)/Extra Departmental Mail Carrier(EDMC) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law-Post and Telegraph Department-Contractual appointment of Extra Department Delivery Agent(EDDA)/Extra Departmental Mail Carrier(EDMC)-Criminal case instituted against him-Initially his bail application was rejected by the Magistrate but subsequently bail was granted by the Sessions Judge-Authorities concerned though aware of the criminal case, permitted him to join after release from custody-Tribunal set aside the appointment of Appellant and directed fresh selection out of candidates other than the Appellant-High Court upheld the order-On appeal, held: Whether Appellant deserved to be continued was not independently examined by the authorities-By the time High Court decided the matter, Appellant had already been acquitted-The effect of such acquittal was also not considered by High Court-Non-appearance of Appellant before Tribunal could not be the determinative factor-It is also not clear whether order of Tribunal directing fresh consideration has been carried out or not-In such peculiar circumstances, matter remitted to High Court for fresh consideration-At the same time official Respondents permitted to consider whether contractual appointment of Appellant is to be continued or not. The Appellant was selected and posted on contractual basis as Extra Departmental Delivery Agent(EDDA)-cum-Extra Departmental Mail Carrier(EDMC) in the post office. Pursuant to Appellant joining the post, a petition was filed before CAT by Respondent No.6 claiming that he had secured higher marks than the Appellant and that Appellant was involved in a criminal case of kidnapping a college going girl. Though Appellant did not appear before the CAT, the official Respondents took the stand that he was allowed to join only after clean report about him was given by the Officer-in-Charge of the Police Station. The Tribunal set aside the appointment order and directed that fresh selection should be made and the candidates other than the Appellant were to be considered for appointment. High Court affirmed the same. A In appeal to this Court, the Appellant submitted that a false case had been lodged against him which was amply proved by his acquittal by the Trial Court, it was a clean acquittal and not on technical ground; and that there was no material to show that the Appellant had any criminal antecedents, or that he was an undesirable person. The official 'Respondents however submitted that the fact that the Appellant was involved in a criminal charge made him undesirable and therefore this Court should not interfere under Art.136 of the Constitution. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 6 |
Petitioner | Sunil Kumar Singh |
Respondent | Union Of India And Ors. |
SCR | [2005] 1 S.C.R. 25 |
Judgement Date | 2005-01-04 |
Case Number | 13 |
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