DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Sabyasachi Saha – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. challenge against tribunal's order and related actions (Para 1 , 2) |
| 2. court's observations on the enquiry process (Para 3) |
| 3. restoration of petitioner and procedural directives (Para 4 , 5 , 6) |
JUDGMENT
Rajiv Shakdher, J. (Oral)
[Court hearing convened via video-conferencing on account of COVID-19]
1. This writ petition is directed, essentially, against the order dated 07.01.2020, passed by Central Administrative Tribunal, Principal Bench, New Delhi (in short `the Tribunal'), in O.A. No. 2094 of 2020.
1.1. Besides this, the petitioner has also laid challenge to the letter dated 25.11.2020, issued by respondent no. 1 i.e. Union of India (hereafter referred as `UOI'), and the office order dated 29.11.2020, passed by respondent no. 2 i.e. Dental Council of India (hereafter referred as `DCI').
2. Broadly, the controversy which has arisen in the present matter is as follows:
2.1. The petitioner was appointed as the Secretary to respondent no. 2/DCI on 11.06.2016.
2.2. A challenge to the aforementioned appointment was raised by way of a public interest petition; this petition was numbered as W.P.(C) No. 6503/2016. The challenge was repelled by the Division Bench
Administrative decisions must follow procedural fairness, and undue delay in raising challenges does not invalidate prior lawful appointments.
The court directed provisional participation in an interview while preserving the ability to contest eligibility, emphasizing that such permission does not confer rights pending further Tribunal acti....
Provisional participation in interview pending fresh action before the Tribunal
The main legal point established in the judgment is the requirement to address the petitioner's claim regarding the disciplinary authority and the possibility of victimization, and the court's author....
Undue delay in legal proceedings and failure to pursue remedies timely can preclude relief in matters concerning compassionate appointments.
The main legal point established in the judgment is that the challenge to appointments and orders regarding the abolished post of DCPD under the new Act and Rules was found to be unsustainable by the....
A candidate's failure to accurately indicate his OBC status in an application does not disqualify him from appointment consideration if he can substantiate his claims with proper documentation.
The Tribunal's dismissal of an application based solely on limitation, without addressing substantive legal claims, constitutes a reversible error warranting judicial intervention.
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