AI Overview...
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Prescribed Procedure for Post Creation and Amendments - Actions such as creation, abolition, or restructuring of posts, cadres, or recruitment rules must follow established legal and procedural frameworks. Failure to adhere renders such actions invalid, as courts have emphasized the importance of following due process, including proper consultation, notification, and framing of rules Saurabh Dubey VS Union of India - Delhi, Priti Ranjan Maharana VS State of Orissa - Orissa, Sri Ravi S And Anr vs Health And Family Welfare - Central Administrative Tribunal.
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Legal and Administrative Frameworks - Various laws and rules, including the Constitution of India (Articles 77), the Government of India Rules, and specific sectoral regulations (e.g., IRDA Act, Banking Acts), prescribe clear procedures for administrative actions like amendments, appointments, and cadre mergers. Deviations from these procedures, such as lack of gazette notifications or proper consultation, invalidate decisions Ravi VS Union of India - Delhi, BHUPINDER SINGH VS STATE OF HIMACHAL PRADESH - Himachal Pradesh, NIMHANS Employees Association, Affiliated to all India Health, Employees and Workers Confederation vs The Union of India - Central Administrative Tribunal.
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Validity of Actions and Rule Compliance - Courts have consistently held that any action involving creation or modification of posts or recruitment processes must strictly follow prescribed procedures. For instance, unauthorized shortlisting or appointment without following rules leads to invalidity. Similarly, amendments to recruitment rules require proper notification and adherence to statutory procedures Daulatrao V. Rane Sardessai VS State of Goa through the Chief Secretary - Bombay, Sri Ravi S And Anr vs Health And Family Welfare - Central Administrative Tribunal.
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Specific Case Examples - Cases highlight issues like invalid deputation due to non-compliance with rules, creation of posts without proper rules, or amendments made without Gazette notification. These decisions reinforce that procedural lapses compromise the legality of administrative actions Dr. B. Ashok, IAS vs Union of India - Central Administrative Tribunal, NIMHANS Employees Association, Affiliated to all India Health, Employees and Workers Confederation vs The Union of India - Central Administrative Tribunal.
Analysis and Conclusion:
The main insight is that any prescribed procedure under business rules for creating posts, amending recruitment rules, or restructuring cadres must be meticulously followed. This includes proper consultation, notification (preferably Gazette notifications), adherence to statutory rules, and compliance with established legal frameworks. Non-compliance leads to actions being declared invalid by courts, emphasizing the importance of procedural adherence in administrative decisions related to employment and organizational restructuring.
Search Results for "Prescribed Procedure under Business Rules Not Followed for Creation of Posts"
2015 0 Supreme(Del) 911 • India - Delhi
KAILASH GAMBHIR, NAJMI WAZIRI
The Court held that the merger of cadres was premature, violative of the prescribed procedure for due consultation and in the face ... The Court held that the merger of cadres was premature, violative of the prescribed procedure for due consultation and in the face ... Whether the merger of cadres was premature, violative of the prescribed procedure for due consultation and in the face of the extant ... The Recruitment Rules can be changed only by the proced....
2021 0 Supreme(Del) 597 • India - Delhi
V. KAMESWAR RAO
Constitution of India, 1950 - Article 77 - Government of India (Transaction of Business) Rules, 1961 - Banking ... Act, 1972 - Sections 10, 17A and 22 - Insurance Regulatory and Development Authority (“IRDA”, for short) Act, 1999 - Employment - Creation ... Banks (Management and Miscellaneous Provisions) Amendment Scheme, 2016 - Insurance Act, 1938 - Section 34A - General Insurance Business ... followed therein. ... However, we must differentiate from this principle insofar as the candidate by agreeing ....
2014 0 Supreme(Ori) 545 • India - Orissa
B.R.SARANGI
has been followed and no rules have been framed for giving such benefits to opposite party No. 4 - Held, appointment of opposite ... Although the decision of the employer to create or abolish posts or cadres or to prescribe the source or mode of recruitment and ... ... No doubt creation and abolition of post, formation and structuring ... That apart, no advertisement has ever been issued, no procedure has been followed and no rules have been framed ....
2016 0 Supreme(HP) 2576 • India - Himachal Pradesh
V.K.SHARMA, PREM KUMAR
to be followed in regard to transaction of business at such meetings; (c) the conditions of appointment and service and the scales ... for which, persons may be associated with the [Board] under section 10; (b) the time and place of meetings of the [Board] and the procedure ... of Business of the Government of Himachal Pradesh. ... In view of the aforesaid amendments in the Rules of Business of the Government of Himachal Pradesh, the following procedure should now be ....
2024 Supreme(Online)(CAT) 17163 • India - Central Administrative Tribunal
Mrs. Justice S Sujatha, J, Dr. Sanjiv Kumar, A
a procedure, such procedure must be followed; failure to do so renders actions invalid. ... ... ... Ratio Decidendi: The court held that proper procedures must be followed in making amendments, specifically related to official ... Competitive Examination for promotions - The circular modifying promotion criteria challenged as illegal, without authority and not ... manner of constituting the Governing Body and standing and ad hoc committees, the term of office of, and the manner of fi....
2012 0 Supreme(Bom) 2382 • India - Bombay
S.J.VAZIFDAR, F.M.REIS
... Goa Public Service Commission (Rules of Procedure), 1988 - Rules ... While the Rules and Regulations did not authorize the GPSC to resort to shorlisting, they did not prohibit the GPSC from so either ... Appointments to such posts may, in certain cases, be indefinitely delayed pending a formal investigation by an independent agency ... (ii) if a prescribed method of shortlisting has been mentioned in the rule or advertisement then that method alo....
2001 0 Supreme(Jhk) 688 • India - Jharkhand
VINOD KUMAR GUPTA, M.Y.EQBAL
(Paras 17 and 23) ... (B) Rules of Executive Business, 1979—Rule 32—Prescribed ... Board—Clearance by established vigilance organization is a mandatory requirement—Ideal procedure is to invite applications from ... (A) Electricity (Supply) Act, 1948—Section 5—Eligibility Criteria and procedure for appointment of Chairman and Member of State Electricity ... The point which may, therefore, arise for our consideration is as to how these names came up for consideration and whether any procedure#HL....
2025 Supreme(Online)(CAT) 6957 • India - Central Administrative Tribunal
SUNIL THOMAS, J, Ms. V. Rama Mathew, A
- The court held that the applicant's deputation was invalid as it contravened the rules regarding consent and equivalence of posts ... (A) All India Service (Cadre) Rules, 1954 - Rule 6(2)(i) and (ii) - Indian Administrative Service (Pay) Rules, 2016 - Rule 12(1) ... - Challenging the order of deputation to Local Self Government Reforms Commission without consent and in violation of statutory rules ... Neeraj Awasthi and Others [(2006) 1 SCC 667] to contend that the Rules p....
2024 Supreme(Online)(CAT) 17164 • India - Central Administrative Tribunal
process followed proper statutory procedure. ... rules without Gazette notification - Court finds no violation occurred; existing rules amended and approved as per procedure - Public ... eligibility for Nursing Officer posts through notification dated 27.05.2021 - Allegations of lack of authority to amend recruitment ... Such prejudices and hardship caused to the candidates would have been avoided, had the proper procedure followed by the respondents....
2022 0 Supreme(J&K) 85 • India - Jammu and Kashmir
SANJEEV KUMAR
(b) from orders made under this Code or under any special or local law in which a different procedure is not provided. ... Order 43(2): Procedure The rules of Order XLI shall apply, so far as may be, to appeals from orders.” 21. ... There is no explanation coming forth from the respondent-University as to why the procedure, which they adopted in the years 2015, 2017 and 2018, was not adopted in the instant case.
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