NDLI: Union of India Vs. Shri Rati Pal Saroj and Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Constitution of India 1955 IAS (Recruitment) Rules Regns. 11 and 13 IAS (Appointment by Competitive Examination) Regulations 1950: Art. 311(2) 1954 IAS (Probation) Rules
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service law : Appointment order-Withdrawal/cancellation-Principles of natural justice-Applicability of-Candidate, then Under Secretary, UPSC, was offered appointment to IAS on the basis of Civil Services Examination-Candidate accepted offer but failed to join as probationer by the due date since he was not relieved by UPSC-later CBI registered a complaint against him that abusing his official position, the candidate entered into a criminal conspiracy with others whereby the originally written answer papers of the candidate in the Civil Services Examination were removed and substituted by other answer papers-Thereafter, the Government withdrew/cancelled the offer of appointment to the IAS-Subsequently, criminal and departmental proceedings were initiated against the candidate-Held: In the circumstances of the case, withdrawal /cancellation of the offer of appointment to IAS without giving a hearing to the candidate, valid-Administrative law-Constitution of India, 1950, Art. 311(2)-IAS (Appointment by Competitive Examination) Regulations 1955, Regns. 11 and 13-IAS (Recruitment) Rules, 1954-/AS (Probation) Rules, 1955.The respondent, who was Under Secretary, Union Public Service Commission (UPSC), was offered an appointment to the Indian Administrative Service (IAS) on the basis of the Civil Services Examination. The respondent accepted the offer of appointment hut failed to join as probationer by the due date since he was not relieved by the UPSC. Subsequently, CBI registered complaint against the respondent and certain other persons to the effect that abusing his official position the respondent and these persons had entered into a criminal conspiracy whereby the originally written answer-papers of the respondent in the. CiviI Services Examination were clandestinely removed and substituted by other answer-papers. Thereafter, the appellant withdrew/ cancelled the offer of appointment to the IAS. The respondent was suspended and criminal and departmental proceedings were initiated against him. The respondent filed an application before the Central Administrative Tribunal challenging the aforesaid withdrawal/cancellation of the offer of appointment to the IAS. The Tribunal allowed the application on the ground that the offer could not have been withdrawn without giving a hearing to the respondent. Hence this appeal.
Judge	Hon'ble Ms. Justice Sujata V Manohar
Neutral Citation	1998 INSC 62
Petitioner	Union Of India
Respondent	Shri Rati Pal Saroj And Anr.
SCR	[1998] 1 S.C.R. 593
Judgement Date	1998-02-04
Case Number	2393

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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