LAWS(ALL)-2007-9-156

INDIAN COUNCIL OF AGRICULTURAL RESEARCH Vs. CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD

Decided On September 27, 2007
INDIAN COUNCIL OF AGRICULTURAL RESEARCH Appellant
V/S
CENTRAL ADMINISTRATIVE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD Respondents

JUDGEMENT

(1.) -This is a strange case where respondent No. 2 who could by no means be eligible for submitting the application for a post being admittedly overaged by several years and there could be no relaxation of age in his case, succeeded before the Central Administrative Tribunal, only on the ground that while passing the order of termination principle of natural justice had not been observed.

(2.) THIS writ petition has been filed challenging the impugned judgment and order dated 23.5.2007 (Annexure-7) passed by the learned Central Administrative Tribunal, Allahabad Bench, Allahabad (hereinafter called the 'Tribunal'), by which the Original Application No. 1128 of 2006 filed by respondent No. 2, Pankaj Kodesia, has been allowed, placing reliance upon the judgment in Original Application No. 1250 of 2006, Anuragh Kumar Johri v. Union of India and others, which was allowed only on the ground of non-observance of principles of natural justice.

(3.) LARGE number of issues have been agitated before us by Shri G. K. Singh, learned counsel appearing for the petitioners and Shri Mahesh Gautam, learned counsel appearing for respondent No. 2, including the issue as to whether a probationer can be removed from service by applying the Rules of 1965; and as to whether in the facts of this case, principles of natural justice could be invoked.