Cancellation of selection and reversion invalid if due to departmental evaluation errors without candidate fault, prior hearing, or inquiry; natural justice violated; innocents protected by equity, long service despite delay.

ORDER

(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)

Shri Ashish Srivastava, learned counsel for the applicant and Shri Bashist Tiwari, learned counsel for the respondents, were present at the time of hearing.

2. The instant original application has been filed seeking following relief:

“(i) Leave be granted to Applicant No. 1 and 2 to prefer the instant above captioned O.A. invoking the provisions of Section 19 of the Administrative Tribunal Act, 1985 along with Applicant No. 3 against the Office Letter No. Jhansi/E/127 dated 12.10.2012 subsequently followed by an Office Order No. Est. 86 of 2012 undated (it shall be pertinent to mention here that when O.A. No. 1487 of 2012 was preferred by the Applicants No. 1 and 2, the Office Order No. Est. 86 of 2012 undated was not served upon the Applicants No. 1 and 2)

(ii) An Order or Direction setting aside the effect of the Office Letter No Jhansi/E/127 dated 12.10.2012 be passed in favour of all the Applicants.

(iii) An Order or Direction quashing the Office Order No. Est. 86 of 2012 (undated) altogether be passed in favour of all the Applicants.

(iv) Pass any other and further Order deem fit and proper in the eyes of Law by this Hon’ble Tribunal in the facts and circumstances of the case.

(v) Pass an award towards the cost and expenses of the proceeding in favour of all the Applicants.”

3. The compendium of the facts narrated in the instant original application is that the applicants had been discharging their duties as Senior Clerk in Stores Department under respondent no 2 in Pay Scale of Rs. 5200 – 20200 + GP 2800. Upon being asked, applicants submitted their preference thereby opting for non-ministerial cadre. A notification dated 30.09.2011 was issued for the post of Depot Material Superintendent (DS) in the pay scale of Rs 9300-34800 + GP 4200 in which the applicants also applied. Selection test was held on 24.12.2011 and the applicants along with 9 other aspirants appeared. The result was declared on 10.02.2012 and applicants were declared successful and were posted as DMS under respondent no 2 vide order dated 18.02.2012. Suddenly, vide the impugned order, the selection process was cancelled and reversion of the applicants to the original post was ordered. Alleging the impugned orders to be illegal and violative of the extant rules and principle of natural justice, the OA has been filed seeking quashing of the impugned orders and directing the respondents to reinstate the applicants to the post they acquired after successfully passing the selection process.

Counter has been filed on behalf of the respondents wherein it has been stated that by way of a complaint, serious allegations were leveled against the selection process. Thus, upon the inquiry where it was found that several irregularities took place in the selection process, the entire selection process was cancelled. Respondents have contended that the entire exercise was conducted in accordance with the extant rules and procedure prescribed for the purpose thus, no illegality or infirmity can be attributed to the impugned orders passed in the case.

4. We have heard the rival contentions advanced by the learned counsel appearing for the parties.

5. Learned counsel for the applicant submitted that applicants were appointed as Senior Clerk in Store Department under respondent no 2. For bifurcation of the cadre, options were asked from the applicants and other senior clerks to opt either ministerial cadre or non-ministerial cadre. Applicants opted for non-ministerial cadre. On the basis of notification dated 30.09.2