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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
S. Mahalakshmi – Appellant
Versus
Tamil Nadu Public Service Commission – Respondent
| Table of Content |
|---|
| 1. factual background of petitioners' selection. (Para 2) |
| 2. arguments regarding improper termination. (Para 3 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's analysis of procedural legitimacy. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. legal standards for appointment cancellations. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 5. judgment on reinstatement and procedural adherence. (Para 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47) |
| 6. final directive to reinstate and follow due process. (Para 48) |
ORDER :
2. Shorn of unnecessary details, the brief facts necessary for considering the present issue could be summarised thus :-
Pursuant to the selection and appointment of the petitioners to the post of Assistant/Personal Clerk in the Combined Civil Services Examination – II 2017- 2018 (Non-Interview Post) (Group-II A Services) in the Tamil Nadu Secretariat Service/Tamil Nadu Ministerial Service, the respective petitioners joined the said post. Upon completion of the mandatory period of probation, the service of the petitioners were regularised. While some of the petitioners were arrested and upon their arrest the said p
Provisional appointment cancellations must follow due disciplinary processes; removal without inquiry violates natural justice principles.
Public employment recruitment must adhere to fairness and transparency principles; systemic irregularities justify cancellation of selection processes. No vested rights exist without appointment lett....
Termination of employment justified due to widespread allegations of corruption and procedural irregularities in the selection process despite claims of satisfactory service.
In cases of widespread irregularities in selection processes, cancellation of entire selection is justified, as separation of affected candidates is not feasible.
(1) Appointment – Normally, it is not for courts to interfere unless process smacks of mala fides – However, right to be considered for public employment being a Fundamental Right, it would be safe a....
Selection/Appointment - Cancellation of - Respondents to conduct a denovo enquiry into the selection process, having recourse to due process of law.
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