The High Court dismissed a locus standi appeal against a Single Judge order quashing an appointment made without following the prescribed recruitment procedure. The Court rejected the appellant's unsupported claim that the appointment was via promotion.
No relief granted; the appeal against the quashing of the appointment is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
L.P.A. No.907 of 2009(O&M) Date of decision: 21.10.2009
Balwan Singh.
-----Appellant
Vs.
S.M. Gupta and others.
-----Respondents
CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH
Present:Mr. Kanwaljit Singh, Sr. Advocate with Mr. Harmanjit Singh, Advocate for the appellant.
ORDER:
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2
the previous incumbent and the appointment was given to the appellant against the said post without adopting any procedure.
appointment was by way of promotion and procedure for direct recruitment was not required to be followed. There is, however, nothing to support this contention in the pleadings. In absence of any averment that appointment of the appellant was by promotion and after following the procedure for promotion, such a contention cannot be accepted. Moreover, this stand will be against the stand taken by the Corporation before learned Single Judge and even letter of appointment given to the appellant showing that the appellant was appointed on probation.
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with the view taken by learned Single Judge.
(ADARSH KUMAR GOEL) JUDGE
October 21, 2009 ( GURDEV SINGH ) ashwani JUDGE
2 issues framed by the court
Whether the appointment of the appellant as Accounts Officer without any selection procedure can be sustained.
Whether the plea that the appointment was by promotion was supported by the pleadings.
1 provisions across 1 enactments
Balwan Singh
S.M. Gupta
Adarsh Kumar Goel
Gurdev Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
