SANTOSH KUMAR JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner challenges the order of the Central Administrative Tribunal dated 30 August, 2001 on Original Application No. 395 of 1997 : Suresh Kumar Yadav @ Shambhu Yadav V/s. Union of India and others.

(2.) THE issue is on the selection of an Extra Departmental Postal Agent. The applicant, before the Tribunal respondent, in this petition had filed a claim petition on the ground that he had qualifications which had to be taken into consideration and not an extraneous factor that a case was pending trial on which he had not been convicted and the mere pendency of a criminal case should not be an impediment in considering his selection. The Tribunal examined the matter. In so far as the qualifications are concerned there was no issue on the aspect that the applicant Suresh Kumar Yadav, before the Tribunal, had the highest marks in matriculation. The only other factor was that a criminal case was pending on which there were allegations under sections 147, 323, 324 & 379 of the Indian Penal Code.

(3.) THE Tribunal also held in case the applicant is convicted then there would be no question of selection but as long as the matter is pending or he stands acquitted then the applicant would be a candidate to be considered on the post. This decision of the tribunal is challenged in the writ petition.