Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Kumar Abhishek S/o Rajendram Prasad – Appellant
Versus
Union of India through Controller of Defence Accounts, Guwahati – Respondent
| Table of Content |
|---|
| 1. factual background of the appointment and delay (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 2. petitioner's arguments regarding unavoidable circumstances (Para 12 , 13) |
| 3. respondent's defense based on delay and vacancy closure (Para 14 , 15) |
| 4. court's analysis on jurisdiction and judicial review standards (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. court's determination on the application of judicial review and its limits (Para 25 , 26 , 27 , 28 , 29) |
| 6. final dismissal of the writ petition (Para 30) |
JUDGMENT :
SUJIT NARAYAN PRASAD, J.
Prayer
1. This writ petition is under Article 226 of the Constitution of India, whereby and whereunder, the order dated 18.07.2023 passed by the learned Central Administrative Tribunal, Patna Bench, Patna, Circuit Bench, in OA No.051/00428/2023 has been assailed, by which, the original application has been held to be devoid of merits and accordingly, has declined to pass positive direction to direct the respondents to accept the joining of the present petitioner.
Factual Matrix
2. The brief facts, as per the pleading made in the writ petition, as also, the impugned order, required to be enumerated, which reads as under.
3. It
Judicial review under Article 226 is limited to cases of apparent error and does not extend to reinstating employment post-candidature cancellation due to delays.
The failure to file a delay condonation application renders an original application before the Tribunal non-maintainable, emphasizing strict adherence to statutory provisions.
The interpretation of 'sufficient cause' in the context of delay condonation applications should be liberal, focusing on the reasons for the delay rather than the duration alone, provided there is no....
The lack of jurisdiction of a tribunal is a fundamental issue that can be raised at any stage, and any decision made by a tribunal without jurisdiction is a nullity.
The judgment emphasized the need for clarifying the territorial jurisdiction of High Courts under Article 226(2) in relation to challenges against orders passed by the Chairman, CAT, Principal Bench,....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
