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IN THE HIGH COURT OF JHARKHAND AT RANCHI
RONGON MUKHOPADHYAY, ARUN KUMAR RAI
Lakshmi Narayan Singh, S/o Sri Satya Narayan Singh – Appellant
Versus
Steel Authority of India Limited – Respondent
JUDGMENT :
Rongon Mukhopadhyay, J.
Heard learned counsels for the parties.
2. Since common question of law and fact are involved in these writ applications they are being disposed of by this common order.
3. Before embarking on a threadbare discussion of the cases at hand it would be necessary to spell out the factual narration of each of these writ applications.
W.P.(S) No. 3297 of 2015
4. The petitioner in this writ application has prayed for the following reliefs:
(i) To quash/set aside the order dated 8th May 2015 passed by learned Central Administrative Tribunal, Circuit Bench, Ranchi (Patna Bench, Patna) in O.A. No. 150 of 2014, whereby and whereunder, the original application (O.A.) filed by the petitioner has been dismissed.
(ii) To allow the Original Application (O.A.) No.150 of 2014, as was filed by the petitioner before the learned Central Administrative Tribunal, Circuit Bench at Ranchi, by granting all the reliefs sought for therein.
(iii) For any other appropriate relief or reliefs for which the petitioner is found to be entitled to in the facts and circumstances of this case as also to do conscionable justice to the petitioner.
5. An advertisement was issued by the respondent
Dismissals from service upheld due to misconduct; appointments not conferring rights due to violation of recruitment procedures. Legality and fairness in employment processes must align with statutor....
Irregular daily wager appointments without advertisement violate Articles 14 & 16; no regularization or reinstatement even with prior equal pay directions; termination upheld as backdoor entries depr....
The court ruled that an FIR may be quashed if allegations do not disclose an offence, emphasizing prior judicial validation of the recruitment process.
Termination of employment without following the principles of natural justice, especially when the employee has a valid appointment, is unlawful and discriminatory.
(1) When appointment of candidates is a nullity in law making them disentitled to hold posts, principles of natural justice were not required to be complied with, particularly when same would be noth....
Judicial review generally speaking, is not directed against a decision, bift is directed against the “decision-making process The question of the choice and quantum of punishment is within the jurisd....
Innocent appointees of an erroneous evaluation should not be ousted from service, especially when there is no fraud or misrepresentation on their part.
The court affirmed that an employee cannot be terminated without proper inquiry and adherence to disciplinary procedures, especially when no fraud or misrepresentation occurred during appointment.
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.
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