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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Tadung Dada – Appellant
Versus
State of AP, Represented through the Chief Secretary, Govt. of Arunachal Pradesh – Respondent
| Table of Content |
|---|
| 1. factual context of administrative appointment and cancellation challenge. (Para 1 , 2 , 3) |
| 2. conflicting contentions regarding procedural fairness and administrative irregularities. (Para 4 , 5 , 6 , 7) |
| 3. mandatory adherence to natural justice and audi alteram partem. (Para 8 , 9 , 10 , 11) |
| 4. judicial intervention via remand for fair selection process. (Para 12 , 13 , 14 , 15) |
JUDGMENT :
SANJAY KUMAR MEDHI, J.
An order dated 23.06.2021, by which the appointment of the petitioner as Head Gaon Bura of the Pankar village under Richukhrong Circle, East Kameng district has been cancelled, is the subject matter of challenge in this writ petition.
2. As per the facts projected, the petitioner is the senior -most Gaon Bura of the said village and in the year 2021, there was a requirement to fill up the post of the Head Gaon Bura in which the petitioner had participated. The concerned ADC, Sepa, vide a communication dated 01.02.2021had sought for the documents from the petitioner, which the petitioner had supplied and after due verification, the petitioner was appointed as a Head Gaon Bura, vide order dated 10.05.2021. It however appears that a complaint was lodged on 22.06.2
Administrative actions resulting in civil consequences must strictly adhere to the principles of natural justice. Specifically, the rule of audi alteram partem requires that an individual be given pr....
Procedures for official appointments must be strictly followed to ensure legality; failure to comply invalidates such appointments.
Point of Law : Court need not issue a writ merely because there is violation of the natural justice, not because it is not necessary to observe natural justice but because Courts do not issue futile ....
The court established that validly appointed officials cannot be removed without due process, and that age regulations must be adhered to in public service appointments.
An appointment made in violation of prescribed rules is void ab initio; no notice or hearing is required for cancellation as per legal principles governing natural justice.
The court affirmed that an appointment made in violation of recruitment rules is void ab initio, and principles of natural justice do not apply when cancellation is based on undisputed facts.
Administrative actions involving civil consequences must adhere to the principles of natural justice, ensuring affected parties have an opportunity to be heard before adverse decisions are made.
Cancellation of job appointment was upheld due to procedural irregularities and fraud by the appointing authority.
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