BONTI SAIKIA vs THE UNION OF INDIA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
Sanjay Kumar Medhi, J
BONTI SAIKIA – Appellant
Versus
THE UNION OF INDIA – Respondent

Advocates:
For the Appellants/Petitioners: MR M J QUADIR
For the Respondents: ASSTT.S.G.I.

Table of Content
1. validating the grounds of service termination. (Para 2 , 3 , 4 , 5 , 6)
2. discussion of the procedures followed during termination. (Para 10 , 11 , 14 , 15)
3. judicial review of policy decisions regarding employment. (Para 28 , 29 , 36 , 39)
4. final decision acknowledging the need for proper procedures in public employment. (Para 41 , 42)

JUDGMENT

Date : 02-11-2021

The issue involved in all these five writ petitions being identical, the writ petitions were heard analogously and are disposed of by this common judgment and order.

2. The subject matter of dispute in these writ petitions are orders of release of service of the petitioners from the Assam State AIDS Control Society issued by the National AIDS Control Organization. Though the posts held by the petitioners in each of the cases are different, the release is similarly done and therefore, the grounds are almost identical in each of the cases. It is the validity and legality of the said release order dated 26.09.2019 which arise for determination in the present bunch of writ petitions.

3. For better appreciation of the case projected by the rival parties and the issue to be decided, it would be convenient to put

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GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATISanjay Kumar Medhi, JBONTI SAIKIA – AppellantVersusTHE UNION OF INDIA – Respondent

Cases Referred (1)

GAUHATI HIGH COURT - PRINCIPAL SEAT AT GUWAHATI
Sanjay Kumar Medhi, J
BONTI SAIKIA – Appellant
Versus
THE UNION OF INDIA – Respondent