Allowed

Union of India and Ors. v. Praveen Singh

Rajasthan HC8 Jan 2019CW/4570/2017

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition concerning the cancellation of a Postal Department recruitment examination. The Court applied the Supreme Court's judgment to grant the respondent reinstatement with 50% backwages and directed the petitioners to initiate action against the respondent only if allegations of malpractice are substantiated.

What did the court decide?

Reinstatement of the respondent with 50% backwages; petitioners directed to take action against the respondent only if malpractice allegations are substantiated.

Union of India and Ors. Vs Praveen Singh — Service and Employment | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Civil Writ No. 4570/2017

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Union Of India Through The Secretary, Ministry Of Communication And Information Technology, Department Of Posts, Dak Bhawan, Sansad Marg, New Delhi.

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The Director VP And DE Department Of Post, Govt. Of India, Dak Bhawan, Sansad Marg, New Delhi 110001

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The Chief Post Master General, Rajasthan Circle, Jaipur Raj.

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The Post Master General, Rajasthan Western Region, Jodhpur-342001 Raj.

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The Superintendent Of Post Offices, Nagaur Division, Nagaur Raj. 341001

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----Petitioners

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Versus

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Praveen Singh S/o Shri Manohar Singh, Resident Of 2/18, Hari Bhawan Vyas Colony, Nagaur Rajasthan.

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----Respondent

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For Petitioner(s) : Mr.B.P.Bohra For Respondent(s) : --------

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HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

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Order

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08/01/2019

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Appointments to the post of Postal Assistant and Sorting Assistant in different circles of the Postal Department was outsourced to M/s CMC Ltd. on a turnkey basis. The examination conducted came under a cloud in 5 circles namely: Uttrakhand, Rajasthan, Chhatisgarh, Haryana and Gujarat. The department cancelled the entire selection.

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(2 of 2)

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[CW-4570/2017]

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Litigation ensued. The issue has since attained finality before the Supreme Court and the decision is dated 23.07.2017 in CA No.10513/2016 and connected Civil Appeals.

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The respondents took the view that so widespread were the malpractices that the entire selection process in the 5 circles needed to be cancelled. The Supreme Court has opined that keeping in view report of the Vigilance Committee the entire examination was not necessarily vitiated. Some persons were suspected of having resorted to malpractices. The Supreme Court has held that action as per the law i.e. after issuing formal show cause notice to those who were suspected of having resorted to malpractices be taken. As regards others, the Court has held that those who had undergone training courses would be reinstated with all consequential benefits and 50% backwages.

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As regards the respondent, he was offered appointment and joined pursuant thereto. He completed the training when his services were terminated on account of the decision taken to scrap the entire recruitment. The respondent is thus entitled to the benefit of the direction issued by the Supreme Court. The respondent would be reinstated with 50% backwages and should he be a candidate against whom an allegation of malpractice is alleged, as directed by the Supreme Court, the petitioners would be entitled to take action as per the decision of the Supreme Court.

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The writ petition is disposed of in above terms.

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(DR. PUSHPENDRA SINGH BHATI),J (PRADEEP NANDRAJOG),CJ

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6-Kshama Dixit/-

Union of India and Ors. v. Praveen Singh

Case brief

What is this about?

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Union of India and Ors. v. Praveen Singh

Case brief

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