UNION OF INDIA Vs. RAJESH SHARMA

JUDGEMENT

(1.) THE decision rendered in this writ petition shall govern by disposal of WP(S) No.180/2006, as the parties submit that issues involved in these writ petitions is common and be disposed of by common order.

(2.) THE Union of India, through Secretary, Ministry of Telecommunication and other functionaries being aggrieved of the order passed by Central Administrative Tribunal, Jabalpur (hereinafter shall be referred as Tribunal) in OA 633/2001 has preferred the present writ petitions invoking supervisory jurisdiction under Article 227 of the Constitution of India. The Tribunal vide impugned order dated 18.10.2005 has directed the reinstatement with all consequential benefits by setting aside order of termination on the ground that the principle of natural justice was not followed.

(3.) THAT on 31.7.2001 a notice purportedly under rule 8 of Department of Post Gramin Dak Sevaks (Conduct and Employment) Rules, 2001 was issued. The said notice was issued in pursuance to the order dated 21.6.2001 passed by the Principal Chief Post Master General, Bhopal whereby it was ordered to cancel the recruitment and terminate the services of all the 5 appointed candidates after observing the usual formalities. The reasons shown for issuing the aforesaid notice was :