BISWA RANJAN SAHOO Vs. SUSHANTA KUMAR DINDA

JUDGEMENT

(1.) Leave granted.

(2.) These appeals by special leave arise from the order of Central Administrative Tribunal Cuttack Bench made on October 10, 1994 and March 20, 1996 in O. a. No. 137/93 and Review Application No. 7/95 respectively. The orders disclose the alarming state of affairs regarding lack of integrity and sincerity in the selection process, which is expected to assess merit and recommend for appointment of comptent and meritorious persons according to the list prepared by the advertisement No. 6/92 for filling up of six posts of chargemen, 'B' Grade in Mechanical and Electrical Division, the fake selection process appears to have been gone by and some persons came to be appointed including the petitioners. When the selection was questioned, the Tribunal had called for the record and on the perusal of the record, noted as under:

(3.) A perusal thereof would indicate the enormity of mal-practices in the selection process. The question, therefore, is:whether the principle of natural justice is required to be followed by issuing notice to the selected persons and hearing them It is true as contended by Mr. Santosh Hegde, learned senior counsel appearing for the petitioners, that in the case of selection of an individual his selection is not found correct in accordance with law, necessarily, a notice is required to be issued and opportunity be given. In a case like mass mal-practice as noted by the Tribunal, as extracted hereinbefore, the question emerges:whether the notice was required to be issued to the persons affected and whether they needed to be heard Nothing would become fruitful by issuance of notice. Fabrication would obviously either be not known or no one would come forward to bear the brunt. Under these circumstances, the Tribunal was right in not issuing notice to the persons who are said to have been selected and given selection and appointment. The procedure adopted are in flagrant breach of the rules offending Articles 14 and 16 of the Constitution.