LAWS(PAT)-2016-1-120

RAJNIKANT OJHA Vs. UNION OF INDIA

Decided On January 13, 2016
Rajnikant Ojha Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Heard learned counsels for the appellants in both these appeals who are also the respective respondents.

(2.) Both these appeals arise out of the judgment and order dated 2.9.2014 passed by a learned Single Judge of this Court in writ petition being CWJC No. 23062 of 2013 by which the writ application has been allowed with certain directions.

(3.) The grievance of the appellants in LPA No. 447 of 2015 is with regard to the finding that the decision to cancel the entire process of selection was an arbitrary exercise of power and further with respect to the direction to the Chief Security Commissioner/RPF/NR, respondent No.4 to pay the two writ petitioners a sum of Rs.5 lac each in order to compensate the infringement of their fundamental rights by the respondents. The writ petitioners, on the other hand, have filed LPA No. 1512 of 2014 being aggrieved by the fact that although the finding has been recorded by the learned Single Judge that it cannot be said that irregularities were all pervasive and beyond correction/segregation and it was difficult to sustain the decision of the respondents to cancel the entire selection process and that the said cancellation of selection process was arbitrary exercise of power yet the consequential direction for being considered for appointment to the posts which had been advertised has not been given.