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SANJAY KUMAR MEDHI, MITALI THAKURIA
Anup Kumar Das, S/o- Late Rajen Das – Appellant
Versus
Dipan Kanti Suklabaidya S/o- Lt. Kripamay Suklabaidya – Respondent
JUDGMENT :
S.K. Medhi, J.
Both these writ appeals being preferred against a common judgment and order dated 27.08.2024 passed by the learned Single Judge in WP(C)/4325/2012 and WP(C)/7378/2013, the same are taken up for an analogous hearing and are disposed of by this common order.
2. At the outset it is made clear that at the admission stage itself extensive hearing was done and all the learned counsel had advanced their arguments and accordingly the matters were taken up for final disposal at this stage itself.
3. Before going to the issue which has been raised in these appeals, it would be convenient if the basic facts of the case are put in a nutshell.
4. In the year 2011, an advertisement was published by the APSC for appointment of various posts of Deputy Director, Inspector of Schools, District Elementary Education Officers which are all of equivalent ranks. In the selection, the present appellant was amongst the selected candidates and was accordingly appointed along with 15 others. The selection was however the subject matter of challenge in the aforesaid two writ petitions. It has been contended that though various allegations were made against few other successful candidates,
The court established that allegations of fraud in public recruitment necessitate an enquiry to ensure transparency and fairness.
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
The retrospective application of administrative guidelines to recruitment processes initiated prior to those guidelines' issuance is unlawful and violates principles of natural justice.
The decision to remove an employee from service may not be vitiated by the non-supply of relevant documents or the second show cause notice if the employee is aware of the allegations and there is no....
The main legal point established in the judgment is the void ab-initio nature of the appointment based on forged and fabricated documents, leading to the termination of the petitioner's services.
The court ruled that the selection process for Junior Engineers/Assistant Engineers was fraudulent, violating Articles 14 and 16(1) of the Constitution, and directed a fresh review based on actual ma....
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