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A. Y. KOGJE, SAMIR J. DAVE
Union of India – Appellant
Versus
Anil Kumar, S/o. Chandra Sharma – Respondent
JUDGMENT :
A.Y. Kogje, J.
1. RULE. Learned Advocates Mr. Ronith Joy, Mr. Joy Mathew, Ms. Aditi S. Raol, Mr. Vaibhav A. Vyas, Mr. Mehul Dhonde waive service of rule on behalf of the respondents.
2. This group of petitions is directed against Common Order passed by the Central Administrative Tribunal, Ahmedabad Bench in Original Application No.127/2022 and connected matters dated 04-05-2023. The issue pertains to the employment of the Respondents with the Postal Department. The present group of petitions is filed by the Union of India.
3. The present being of 3rd round of litigation, it would be appropriate to refer to the background, which lead to present petitions.
3.1 On 21.02.2014, Notification inviting applications for the post of Postal Assistant (PA) / Sorting Assistant (SA), etc. was issued As per the notification a candidate could apply for any one of the Circles. 564 vacancies were notified for Gujarat Circle. M/s. CMC Ltd. was entrusted with the work of entire recruitment process.
3.2 On 01.06.2024, Aptitude Test, first part of the examination was conducted. This examination was conducted at Ahmedabad, Vadodara and Rajkot.
3.3 On 13-19.09.2014, Successful candidates were allowed
The court emphasized the necessity of adhering to natural justice principles in departmental inquiries, particularly when reinstating employees after allegations of malpractice.
Termination without clear evidence of malpractice violates principles of natural justice and procedural fairness.
Disciplinary proceedings based solely on expert opinion without supporting evidence violate natural justice and cannot sustain dismissal.
The court emphasized that the integrity of public employment selections must be maintained, ruling that the failure to publish the master answer key and deletion of original data rendered the selecti....
The reliance on expert handwriting opinion in disciplinary actions requires substantial corroboration, failing which charge sheets can be quashed due to procedural irregularities.
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