LAWS(ALL)-2016-9-3

UNION OF INDIA Vs. SONESHWAR SINGH

Decided On September 01, 2016
UNION OF INDIA Appellant
V/S
Soneshwar Singh Respondents

JUDGEMENT

(1.) This petition seeks the quashing of the order dated 3 November 2015 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad ( hereinafter referred to as the 'Tribunal') by which as an interim measure, a direction has been issued to the petitioners not to give effect to the order dated 8 October 2015, that seeks to cancel the appointment of respondent No. 1 as GDS BPM with immediate effect for the reason that major irregularities had been detected in the selections and, accordingly, the services have been terminated.

(2.) It transpires from the record of the writ petition that pursuant to a notification issued on 11 April 2013 for filling the vacant post of GDS BPM, appointment orders were issued. However, complaints were received and the CBI also raided and arrested the then Superintendent of Post Offices, Deoria Division, Deoria. A Review Committee was constituted by the Post Master General, Gorakhpur Region Gorakhpur consisting of the Post Master General and certain other senior officers. The Review Committee found major irregularities in the appointment and, accordingly, the competent authority ordered for cancellation of the appointments.

(3.) The Tribunal while passing the interim order dated 3 November 2015 found some force in the contention of the learned counsel for the applicant before the Tribunal that the respondents before the Tribunal did not have any authority to issue the termination orders once the appointments had been made after following due procedure. The Tribunal also found that the termination orders had been issued without compliance of the principles of natural justice.