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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Union of India – Appellant
Versus
Anup Mondal – Respondent
JUDGMENT :
Madhuresh Prasad, J.
1. The writ petition (W.P.C.T. 204 of 2024) has been filed by the Railway Authorities challenging the order of the Central Administrative Tribunal, Kolkata Bench (in short ‘Tribunal’), in O.A. 746 of 2023.
2. The writ petition (W.P.C.T. 242 of 2024) filed by Anup Mondal and Others, applicants before the Tribunal are being considered analogous/ together, as both writ petitions are arising out of same cause of action i.e. order passed by the Tribunal in O.A. No. 00746 of 2023 dated 14.05.2024.
3. The Tribunal has set aside the alleged speaking order dated 25.04.2023 passed by the Central DPO/KIR for DRM (P)/KIR, passed in purported compliance of order dated 21.04.2023 passed by the Central Administrative Tribunal in the earlier O.A. No. 509 of 2023 filed by the applicants. The Tribunal has also set aside the order dated 17.04.2023 passed by the DPO for DRM (P)/KIR whereby and whereunder the result/ panel of Goods Guard dated 08.12.2022 , for appointment against 15% Limited Departmental Competitive Examination (LDCE) quota was cancelled on alleged “administrative account”.
4. The facts leading to the filing of the writ petition/s are not in dispute. The sele
Authorities must provide cogent justification and adhere to procedural fairness in promotion cancellations, as required by natural justice principles.
Procedural fairness mandates documented justifications for cancellation of selections post-qualification, upholding legitimate expectations of candidates.
The Tribunal held that cancellations of promotional selections must be based on clear procedural grounds, ensuring due process, and ruled reinstatement for the applicant as there were no proven irreg....
Public employment recruitment must adhere to fairness and transparency principles; systemic irregularities justify cancellation of selection processes. No vested rights exist without appointment lett....
In cases of widespread irregularities in selection processes, cancellation of entire selection is justified, as separation of affected candidates is not feasible.
Cancellation of a promotion examination without a valid justification is arbitrary and contravenes principles of natural justice and established procedural guidelines.
Promotion procedures require clear, cogent justification for cancellation after results are declared to comply with due process.
The court emphasized adherence to natural justice principles in administrative decisions affecting employment promotions.
Selection/Appointment - Cancellation of - Respondents to conduct a denovo enquiry into the selection process, having recourse to due process of law.
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