UNION OF INDIA Vs. MUNNA ROY

JUDGEMENT

(1.) On 19.12.94 the Railway Recruitment Board, Guwahati, for short referred to as 'RRB', floated Employment Notice No.3/94 inviting application for various posts including the post of Craft Teacher (Bengali Medium) listed at Category No.6. The Respondent Miss Munna Roy and others applied for the said post and after holding necessary selection test a select list was published. However, vide order dated 5.9.96 the select panel was cancelled by the appointing authority and thereupon the respondent-applicant approached the Central Administrative Tribunal, Guwahati Bench praying for quashing and setting aside the order of cancellation of the select penal and for appointment to the post of Crafts Teacher. The learned Tribunal on hearing the parties set aside the order of cancellation and directed the present appellant to complete the aforesaid process of recruitment in accordance with law and rules within 3 months. Hence, the present writ petition by the Union of India.

(2.) We have heard Mr B .K. Sharma, learned Standing Counsel for the appellant N.F. Railway and Mr N. Dutta, learned counsel for the respondent.

(3.) Broad facts regarding selection and preparation of penal is not disputed. The leamed Tribunal was of the view that the alleged departmental enquiries and the cancellation of the select penal were done behind the back of the applicant and as such the right of the applicant of being heard before any action prejudicial to her is taken, has been violated. In the instant case there is no dispute at the Bar that before cancellation of the select penal the respondent was not heard.