This petition challenged the cancellation of an appellant's Railway appointment on grounds of holding two posts. The High Court dismissed the writ, holding the Tribunal corrected the factual mistake that resignation was accepted later, affirming the appellant's bonafide belief based on departmental communications.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ No. 3373/2016
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr.Kamal Dave. For Respondent(s) : Mr.Surendra Choudhary & Mr.Laxman Singh.
HON'BLE THE CHIEF JUSTICE MR.PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Judgment
08/10/2018
(2 of 3)
[CW-3373/2016]
paid employee mistook the same to be as if the department had discharged him from service by accepting his resignation and thus, on 28.12.2013 he joined the Railways. It surfaced that the respondent No.1’s application for resignation was accepted by the postal authorities on 1.9.2014. When this came to the notice of the Railway Authority, on the plea that when he joined the duties under the Railways, he was an employee of the postal department and nobody can hold 2 posts under the Government, appointment given to the respondent No.1 was cancelled vide order dated 1.5.2015. The respondent approached the Central Administrative Tribunal.
(3 of 3)
[CW-3373/2016]
(DR.PUSHPENDRA SINGH BHATI),J. (PRADEEP NANDRAJOG),CJ.
S.Phophaliya/-15
3 issues framed by the court
Whether the appellant can be dismissed from service when he joined the Railways on a bona fide belief of discharge based on incorrect communication.
Whether the Tribunal appreciation of facts was wrong in holding that the resignation was accepted later?
Whether the belief of the employee in joining the new post was bona fide and without malafide.
The Union Of India through the General Manager, North Western Railway
The Divisional Railway Manager, North Western Railway
Ramjas Bhinchar S/o Sh. Arjun Ram Bhinchar
The Superintendent of Post Office Nagour Zone
PRADEEP NANDRAJOG
PUSHPENDRA SINGH BHATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
