Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law: Termination-Railways-Junior Clerk-cum-Typist-Recruitment-Irregularities in selection process-Termination of services of entire selected candidates without issuing individual show cause notices-Validity of-Held, where the irregularities committed in selection so widespread and all pervasive that it is difficult to pick out the persons who have been unlawfully benefited or wrongfully deprived, it will neither be possible nor necessary to issue individual show cause notices-Thus, Railway Board was justified in cancelling the entire selection process-Constitution of India-Article 311.The Railway Recruitment Board issued an advertisement for recruitment to the post of Junior-Clerk-cum-Typist and in pursuance of the selection, respondent was appointed. Subsequently, the Railway Administration passed an order terminating the services of entire selected candidates on the ground that serious irregularities had been committed in conducting the examination. Respondent whose service was also terminated filed a petition before the Central Administrative Tribunal. Tribunal set aside the termination order holding that general allegation of irregularities in the recruitment process was not enough to take a decision to cancel the whole selection without issuing proper show cause notice to the individual candidates. Appellant's appeal before the High Court was dismissed. Hence the present appeal. On behalf of the appellants it was contended that in a case where irregularities committed in the process of selection were all pervasive vitiating the whole selection, in that event there was no requirement that each selectee, be served with individual show cause notice before cancelling the whole selection. |
Judge | Hon'ble Mr. Justice Brijesh Kumar |
Neutral Citation | 2002 INSC 88 |
Petitioner | Union Of India And Ors. |
Respondent | O. Chakradhar |
SCR | [2002] 1 S.C.R. 1091 |
Judgement Date | 2002-02-19 |
Case Number | 1326 |
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