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(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law – Appointments – Legality of – Writ petitionersbefore High Court had joined the service of State of Bihar underthe orders made by the concerned Civil Surgeon-cum-Chief MedicalOfficer of the district – It was alleged that none of the writ petitionerswas appointed through a proper legal recruitment process – TheState Government having found that large number of appointmentswere made on the basis of false or forged documents, withoutfollowing due process of recruitment and mostly without theappointment orders, cancelled such appointments and the concernedincumbents were discharged from service – Writ petitions before theHigh Court with specific prayer to regularize service and to setaside the order of termination of services – Allowed by the HighCourt – On appeal, held: The writ petitioners were the beneficiariesof illegal orders made by the Civil-cum-Chief Medical Officer –They were given notice to establish the genuineness of theirappointment and to show cause – None of them were able to establishthe genuineness or legality of their appointment before the StateCommittee – The State Committee on appreciation of the materialson record had opined that their appointment was illegal and voidab initio – There were no grounds to disagree with the said findingof the State Committee – In the circumstances, the question ofregularisation of their services did not arise, since the appointmentof the petitioners was ab initio void, they were not the civil servantsof the State. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2018 INSC 1123 |
Petitioner | The State Of Bihar And Ors. |
Respondent | Kirti Narayan Prasad |
SCR | [2018] 14 S.C.R. 403 |
Judgement Date | 2018-11-30 |
Case Number | 8649 |
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