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J.N.SINGH, NARAYAN ROY
Surendra Kumar Chaudhary – Appellant
Versus
Union Of India – Respondent
Key Points: - The main legal principle established is that the pendency of a criminal case should not hinder appointment to a government post [judgement_subject]. - The court referred to the Santosh Kumar Jha case, emphasizing that the pendency of a criminal case should not be an impediment to government post appointment [judgement_act_referred]. - The case involved a dispute over the selection and appointment of candidates for the post of Extra Departmental Branch Post Master (EDBPM) (!) . - The appointment of one candidate was challenged before the Central Administrative Tribunal (CAT) based on his involvement in a criminal case (!) . - The CAT allowed the application, leading to the termination of the candidate's services by the postal authorities (!) (!) . - The court found that the termination of the candidate's services was unwarranted (!) (!) . - The court recalled the order setting aside the termination of the candidate's services (!) . - The court held that the latter part of the order setting aside the termination of Chandra Kishore Thakur was uncalled for (!) . - The court allowed the application and recalled the order setting aside the termination of the candidate's services (!) . - The court reviewed the latter part of the order (!) .
Narayan Roy, J.
1. Heard Mr. Umesh Prasad Singh, learned counsel for the petitioner, and Mr. Ganesh Prasad Singh, learned counsel for the contesting opposite party and learned counsel for the Union of India.
2. By this application the petitioner seeks review of order dated 27.6.2002 passed by a Bench of this Court in C.W.J.C. No. 7926 of 2000, whereby and whereunder it was observed that the writ petitioner, Chandra Kishore Thakur, will be entitled to seek a review of the decision of the Central Administrative Tribunal, Patna Bench, Patna (hereinafter to be referred to as "CAT), but, at the same time, quashed the departmental order dated 21.2.2002, by which services of the writ petitioner Chandra Kishore Thakur was terminated.
3. Short facts giving rise to this writ application are as under:-
The petitioner and opposite party no. 5 alongwith others were the applicants for selection on the post of Extra Departmental Branch Post Master (hereinafter to be referred to "EDBPM"), Raghopur within the District of Samastipur Postal Division. Names of the petitioner and opposite party no. 5 were sponsored by the Employment Exchange and, accordingly, their cases were considered for the
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