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SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Union of India – Appellant
Versus
Shankar Kumar Sharma S/o Morarai Prasad – Respondent
JUDGMENT :
Per Sujit Narayan Prasad, J.
1. All the writ petitions have been filed under Article 226 of the Constitution of India challenging the order/judgment passed by the Central Administrative Tribunal, Circuit Bench, Ranchi (Patna Bench) dated 15.01.2009 by a common order passed in O.A. Nos. 30 of 2008 and 32 of 2008 [W.P.(S) No. 2207 of 2009]; order dated 05.12.2008 by a common order passed in O.A. Nos. 84 of 2006 and 136 of 2006 [W.P.(S) No. 2259 of 2009]and; order dated 23.05.2017 passed in MA/051/00026/2017 with O.A. No. 051/800048/2017 [W.P.(S) No. 6445 of 2017].
2. All the writ petitions are having common issues, as such, are being taken up together for its consideration.
Factual Matrix
3. The brief facts of the case (W.P.(S) No. 2207 of 2009 W.P.(S) No. 2259 of 2009) as per the pleading made in the writ petitions which requires to be enumerated, are as under:
Vide Sr. DPO/CKP's Office Order no. E/Rectt/Gr. D/ Gangman-98/24 dated 05.05.1998 applications for open market recruitment in the category of Trackman (Group D) were invited.
On being selected in physical test, a panel of selected candidate was published vide DRM(P)/CKP's letter No.E/Rectt/Gr D/Gangman/CKP/Spl/2 dated 23.
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
The court upheld the CAT's direction for administrative examination of vacancy positions, clarifying that candidates on the replacement list must be considered unless barred by delay or conduct.
The court established that the principles of natural justice must be upheld in administrative decisions affecting employment, and that the availability of alternative remedies does not preclude an em....
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