UNION OF INDIA Vs. O CHAKRADHAR
LAWS(SC)-2002-2-78
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on February 19,2002

UNION OF INDIA Appellant
VERSUS
O.CHAKRADHAR Respondents





Cited Judgements :-

MANISH UPADHYAY AND 17 OTHERS VS. STATE OF U.P. AND 3 OTHERS [LAWS(ALL)-2017-2-20] [REFERRED TO]
STATE OF U.P. THRU CHIEF SECY VS. SHAMBHOO NATH PANDEY [LAWS(ALL)-2017-2-142] [REFERRED TO]
MOHD. IRFAN VS. STATE OF U.P. [LAWS(ALL)-2016-8-77] [REFERRED TO]
INDIAN COUNCIL OF AGRICULTURAL RESEARCH AND ORS. VS. AMAR SINGH AND ORS. [LAWS(DLH)-2015-5-513] [REFERRED TO]
HEMANT KUMAR VS. BHIM RAO AMBEDKAR [LAWS(ALL)-2011-1-102] [REFERRED TO]
VIMAL PRATAP SINGH VS. STATE OF U P [LAWS(ALL)-2015-3-92] [REFERRED TO]
ABIDABANU NAJIRKHAN MULLA VS. JILHA PARISHAD SATARA [LAWS(BOM)-2019-3-42] [REFERRED TO]
VINOD KUMAR YADAV VS. STATE OF U P [LAWS(ALL)-2006-4-40] [REFERRED TO]
DEEPAK SHARMA VS. STATE OF U P [LAWS(ALL)-2005-10-178] [REFERRED TO]
RAMESH CHANDRA SINGH VS. AMAR NATH SINGH [LAWS(ALL)-2002-5-103] [REFERRED TO]
KULDEEP SINGH DHAKA VS. THE STATE OF HARYANA AND OTHERS [LAWS(P&H)-2016-10-68] [REFERRED TO]
DHANANJAY KUMAR MISHRA VS. BIHAR STAFF SELECTION COMMISSION [LAWS(PAT)-2013-8-64] [REFERRED TO]
KULDIP SINGH VS. PRINCIPAL SECRETARY SOCIAL WELFARE U P SHASHAN [LAWS(ALL)-2003-9-14] [REFERRED TO]
SANGITA YADAV VS. UNION OF INDIA [LAWS(ALL)-2006-9-26] [REFERRED TO]
ALOK KUMAR SHARMA VS. NATIONAL COUNCIL FOR COOPERATIVE TRAINING [LAWS(DLH)-2017-3-220] [REFERRED TO]
HITENDRASINGH S/O BHUPENDRASINGH VS. PANJABRAO DESHMUKH KRISHI [LAWS(BOM)-2012-8-41] [REFERRED TO]
PRAKASH S/O BHAGAJI WANI VS. UNION OF INDIA [LAWS(BOM)-2019-5-22] [REFERRED TO]
SMT. ANITA DEVI GUPTA VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2017-8-343] [REFERRED TO]
DIVISIONAL CONTROLLER MSRTC DHULE VS. HEMANT VIKRAM WAGH [LAWS(BOM)-2002-11-43] [REFERRED TO]
SHRI MANINDER SINGH ATTRI VS. UNION OF INDIA THROUGH ITS SECRETARY, DEPARTMENT OF PERSONNEL & TRAINING [LAWS(CA)-2014-4-45] [REFERRED TO]
PRAVAMAYEE NAYAK VS. COUNCIL OF HIGHER SECONDARY EDUCATION [LAWS(ORI)-2002-8-47] [FOLLOWED ON]
VEERENDRA KR. GAUTAM AND OTHERS VS. KARUNA NIDHAN UPADHYAY AND OTHERS [LAWS(SC)-2016-7-36] [REFERRED TO]
RAJENDRA INSTITUTE OF MEDICAL SCIENCE VS. RANJAN KUMAR SINGH [LAWS(JHAR)-2023-8-18] [REFERRED TO]
PRANAB BAISHYA : ALOK KUMAR SHARMA : SHEROJIT SINGH VS. UNION OF INDIA : NCCT [LAWS(DLH)-2019-1-463] [REFERRED TO]
CHIEF ENGINEER VS. PANCHAM RAM [LAWS(ALL)-2003-10-164] [REFERRED TO]
T J MANJAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2008-2-53] [REFERRED TO]
EX GUNNER DS HAWA SINGH YADAV VS. UOI [LAWS(DLH)-2006-7-85] [REFERRED TO]
AMARENDER KUMAR SANDRA AND ORS. VS. RAJIV GANDHI UNIVERSITY OF KNOWLEDGE TECHNOLOGIES AND ORS. [LAWS(APH)-2015-11-5] [REFERRED TO]
WELCOME VAICHEI VS. STATE OF MEGHALAYA [LAWS(GAU)-2002-6-20] [REFERRED TO]
UOI VS. DHARAM VIR SINGH [LAWS(DLH)-2012-3-16] [REFERRED TO]
GIRISH SHARMA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2013-3-42] [REFERRED TO]
PAWAN KUMAR AND ORS. VS. STATE OF RAJASTHAN AND ORS. [LAWS(RAJ)-2015-8-34] [REFERRED TO]
ARCHANA SINHA WIFE OF BIR BAHADUR SINGH VS. UNION OF INDIA THROUGH DIRECTOR GENERAL, EMPLOYEE&APOSS STATE I NSURANCE CORPORATION [LAWS(PAT)-2010-3-304] [REFERRED TO]
INDERPREET SINGH KAHLON VS. STATE OF PUNJAB [LAWS(SC)-2006-5-59] [REFERRED TO]
NANURAM YADAV VS. REGISTRAR COOPERATIVE SOCIETIES [LAWS(MPH)-2006-4-131] [REFERRED TO]
PALLOBI BORDALOI VS. STATE OF ASSAM [LAWS(GAU)-2019-5-115] [REFERRED TO]
ONYO APANG VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2010-3-30] [REFERRED TO]
MOHIT PANWAR & ORS. VS. AIRPORTS AUTHORITY OF INDIA [LAWS(DLH)-2016-1-127] [REFERRED TO]
MANJEET SHARMA AND ORS. VS. UNION OF INDIA THROUGH THE SECRETARY, THE DIRECTOR, DIRECTORATE OF PRINTING, SHRI SURENDRA SINGH AND MANAGER, GOVT. OF INDIAS PRESS [LAWS(CA)-2014-3-40] [REFERRED TO]
KIRAN JUNEJA AND ORS VS. UNION OF INDIA AND ORS [LAWS(DLH)-2007-12-179] [REFERRED]
GAURI JHA AND ORS. VS. HARDYAL MUNICIPAL PUBLIC LIBRARY AND ORS. [LAWS(DLH)-2009-9-371] [REFERRED TO]
SANGITA YADAV VS. GENERAL MANAGER INDIAN OIL CORPORATION LIMITED [LAWS(ALL)-2006-11-232] [REFERRED TO]
PAWAN KUMAR SINGH VS. STATE OF U P [LAWS(ALL)-2008-12-116] [REFERRED TO]
COLLEGE OF ENGINEERING, PUNE VS. STATE OF MAHARASHTRA & ORS [LAWS(BOM)-2019-2-127] [REFERRED TO]
MOHAMMAD RAFI VS. STATE OF U P [LAWS(ALL)-2011-1-79] [REFERRED TO]
SHAILESH PRADHAN VS. UNION OF INDIA [LAWS(ALL)-2020-1-206] [REFERRED TO]
SHAILESH PRADHAN VS. UNION OF INDIA [LAWS(ALL)-2020-1-206] [REFERRED TO]
NEERAJ KUMAR VS. STATE OF U. P. [LAWS(ALL)-2019-7-251] [REFERRED TO]
State of Tamil Nadu rep VS. P Krishnamoorthy [LAWS(MAD)-2004-5-14] [REFERRED TO]
VIJAY KUMAR & ORS VS. SANJEEV KUMAR & ORS [LAWS(P&H)-2013-9-709] [REFERRED]
KU NALINI CHAUHAN VS. STATE OF M P [LAWS(MPH)-2003-7-15] [REFERRED TO]
STATE OF ODISHA AND OTHERS VS. SUKANTA KUMAR NANDA AND OTHERS [LAWS(ORI)-2017-8-98] [REFERRED TO]
U P JAL NIGAM & ORS VS. AJIT SINGH PATEL & ORS [LAWS(SC)-2018-11-28] [REFERRED TO]
ANUPAL SINGH VS. STATE OF U P [LAWS(SC)-2019-9-114] [REFERRED TO]
M/S DAFFODILLS PHARMACEUTICALS LTD. VS. STATE OF U.P. [LAWS(ALL)-2017-4-104] [REFERRED TO]
HARJIT SINGH AND ANOTHER VS. STATE OF U.P. THROUGH PRINCIPAL SECRETARY HOUSING & OTHERS [LAWS(ALL)-2017-4-27] [REFERRED TO]
YOGENDRA KUMAR TIWARI VS. STATE OF U.P. [LAWS(ALL)-2017-5-143] [REFERRED TO]
DEVNATH DEWANGAN S/O TIJURAM DEWANGAN VS. STATE OF CHHATTISGARH THROUGH SECRETARY, DEPARTMEN [LAWS(CHH)-2017-9-39] [REFERRED TO]
RAM EKWAL PRASAD VS. UNION OF INDIA THROUGH SECY. [LAWS(ALL)-2017-11-9] [REFERRED TO]
UNION OF INDIA & 4 VS. KAUSTUBHAI DEVANG PANDYA & 8 [LAWS(GJH)-2016-8-136] [REFERRED]
STATE OF U P VS. ANANT KUMAR TIWARI [LAWS(ALL)-2002-11-132] [REFERRED]
RAM PAL SINGH VS. STATE OF U P [LAWS(ALL)-2006-3-44] [REFERRED TO]
VIJAY BAHADUR VS. STATE OF UP [LAWS(ALL)-2008-1-60] [REFERRED TO]
SASHI KUMAR SINGH VS. UNION OF INDIA [LAWS(JHAR)-2007-4-154] [REFERRED TO]
C ARAVINDHAN VS. STATE OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT [LAWS(MAD)-2018-4-220] [REFERRED TO]
STATE OF MEGHALAYA VS. PHIKIRBHA KHARIAH [LAWS(MEGH)-2017-11-2] [REFERRED TO]
DAHUNSHISHA RYNJAH VS. MEGHALAYA PUBLIC SERVICE COMMISSION [LAWS(MEGH)-2021-1-1] [REFERRED TO]
JAGJIT SINGH AND ORS VS. STATE OF PUNJAB AND ORS [LAWS(P&H)-2007-10-162] [REFERRED]
ABHISHEK KUMAR SINGH VS. G. PATTANAIK [LAWS(SC)-2021-6-1] [REFERRED TO]
Sanjeev Yadav VS. Lakshmibai National Institute of Physical Education [LAWS(MPH)-2006-10-41] [REFERRED TO]
RAVINDRA KUMAR BAIRAGI VS. STATE OF CHHATTISGARH AND OTHERS [LAWS(CHH)-2005-4-22] [REFERRED TO]
ANURIKA VAISH AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(ALL)-2015-12-54] [REFERRED TO]
DILIP KUMAR SHUKLA AND ORS. VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-11-61] [REFERRED TO]
STATE OF CHHATTISGARH VS. DURGESH KUMAR SAHU [LAWS(CHH)-2023-4-39] [REFERRED TO]
VIJAY KUMAR DAHIYA VS. UNION OF INDIA [LAWS(DLH)-2014-12-278] [REFERRED TO]
SURINDER SINGH VS. STATE [LAWS(J&K)-2009-5-20] [REFERRED TO]
BHIMLAL CHANDRAVANSHI VS. STATE OF JHARKHAND [LAWS(JHAR)-2014-8-9] [REFERRED TO]
STATE OF ASSAM VS. ARABINDA RABHA [LAWS(GAU)-2021-10-38] [REFERRED TO]
SUNITA RANI VS. CHAIRMAN GREATER N O I D A [LAWS(ALL)-2007-7-173] [REFERRED TO]
SANJAY KUMAR SRIVASTAVA VS. PRINCIPAL CHIEF CONSERVATOR OF FOREST [LAWS(ALL)-2005-10-80] [REFERRED TO]
VITHAL DHANAJI SURYAWANSHI VS. STATE OF MAHARASHTRA [LAWS(BOM)-2002-12-78] [REFERRED TO]
AMIT KUMAR KASHIBHAI PATEL VS. STATE OF GUJARAT THROUGH SECRETARY [LAWS(GJH)-2017-8-225] [REFERRED TO]
K SHYAM KUMAR VS. CHAIRMAN ALL RAILWAY RECRUITMENT BOARD INDIAN RAILWAY [LAWS(APH)-2005-3-54] [REFERRED TO]
UNION OF INDIA VS. MANOJ KUMAR SHARMA [LAWS(RAJ)-2015-9-179] [REFERRED TO]
AKHILESHWAR KUMAR PATHAK VS. THE STATE OF BIHAR [LAWS(PAT)-2015-8-134] [REFERRED]
UNION OF INDIA VS. AKSHAYA KUMAR NAYAK [LAWS(ORI)-2006-8-72] [REFERRED TO]
KALINGA MINING CORPORATION VS. UNION OF INDIA (UOI) AND 9 ORS. [LAWS(ORI)-2008-11-67] [REFERRED TO]
AMARBIR SINGH AND ORS. VS. STATE OF PUNJAB AND ORS. [LAWS(P&H)-2003-7-184] [REFERRED TO]
DARSHAN PAL VS. UNION OF INDIA [LAWS(P&H)-2010-5-85] [REFERRED TO]
DR PRANAB BAISHYA & ORS VS. UNION OF INDIA & ORS [LAWS(DLH)-2019-1-260] [REFERRED TO]
UNION OF INDIA VS. RAJENDRA KUMAR PATEL [LAWS(MPH)-2008-7-79] [REFERRED TO]
SHALINI CHINGTHAM VS. MANIPUR PUBLIC SERVICE COMMISSION [LAWS(MANIP)-2019-10-6] [REFERRED TO]
RENUKAMBIKE R VS. STATE OF KARNATAKA [LAWS(KAR)-2017-6-3] [REFERRED TO]
ARUN KUMAR BASU VS. WEST BENGAL UNIVERSITY OF ANIMAL AND FISHERY SCIENCES [LAWS(CAL)-2012-10-126] [REFERRED TO]
RAJESH SINGH VS. VIDYADHIRAJ PANDEY [LAWS(ALL)-2006-7-204] [REFFERED TO]
ASIM KUMAR GIRI AND ORS. VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2016-3-28] [REFERRED TO]
MAIKU LAL VS. STATE OF U. P. AND OTHERS [LAWS(ALL)-2004-5-246] [REFERRED TO]
RAMA SHANKER PRASAD VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2020-9-59] [REFERRED TO]
PATEL HARDIKKUMAR JAGDISHBHAI VS. STATE OF GUJARAT THROUGH SECRETARY [LAWS(GJH)-2008-11-173] [REFERRED TO]
M/S. REKAN INDUSTRIES LTD. THRU. DIRECTOR VS. STATE OF U.P. THRU. SECY. SMALL SCALE INDUSTRY AND 4 ORS. [LAWS(ALL)-2017-4-23] [REFERRED TO]
JAHUR ALI VS. STATE OF MANIPUR [LAWS(GAU)-2005-2-9] [REFERRED TO]
TOMAR ARUNABEN SURESHBHAI VS. STATE OF GUJARAT [LAWS(GJH)-2003-11-52] [REFERRED TO]
BHIMLAL CHANDRAVANSHI AND ORS. VS. STATE OF JHARKHAND THROUGH THE SECRETARY PERSONNEL, GOVERNMENT OF JHARKHAND, RANCHI AND ANR. [LAWS(JHAR)-2013-11-105] [REFERRED TO]
STATE OF J. & K. VS. SURINDER SINGH [LAWS(J&K)-2017-7-5] [REFERRED TO]
ANJUM SHEKH VS. STATE OF M P [LAWS(MPH)-2010-1-136] [REFERRED TO]
MAHIPAL SINGH TOMAR VS. STATE OF UTTAR PRADESH AND ORS. [LAWS(SC)-2013-5-103] [REFERRED TO]
ASHOK LENKA VS. RISHI DIKSHIT [LAWS(SC)-2006-4-46] [REFERRED TO]
AMARBIR SINGH VS. STATE OF PUNJAB AND OTHERS [LAWS(P&H)-2013-5-366] [REFERRED TO]
UNION OF INDIA VS. JOSEPH P CHERIAN [LAWS(SC)-2005-9-92] [REFERRED TO]
SACHIN KUMAR VS. DELHI SUBORDINATE SERVICE SELECTION BOARD [LAWS(SC)-2021-3-11] [REFERRED TO]
PRABHAKAR KUMAR & ORS VS. THE STATE OF BIHAR & ORS [LAWS(PAT)-2016-7-8] [REFERRED TO]
BIHAR PUBLIC SERVICE COMMISSION VS. MUKESH KUMAR SINGH WITH [LAWS(PAT)-2009-5-26] [REFERRED TO]
SABHA FAROOQ PANDIT AND ORS. VS. STATE OF J&K AND ORS. [LAWS(J&K)-2015-12-66] [REFERRED TO]
PRABHU C CHALWADI VS. BOARD OF TRUSTEES, MORMUGAO PORT TRUST [LAWS(BOM)-2019-6-164] [REFERRED TO]
ROHAN AMRUT GAONKAR VS. STATE OF GOA [LAWS(BOM)-2014-8-2] [REFERRED TO]
MAHINDER SINGH CHAUHAN VS. UOI [LAWS(DLH)-2011-8-402] [REFERRED TO]
ARVIND KUMAR PIPAL VS. COMMISSIONER TRADE TAX [LAWS(ALL)-2004-1-4] [REFERRED TO]
SHREYAS SINHA VS. WEST BENGAL NATIONAL UNIVERSITY OF JURIDICAL SCIENCES [LAWS(CAL)-2019-12-51] [REFERRED TO]
KIRAN SONKAR VS. STATE OF U P [LAWS(ALL)-2006-4-108] [REFERRED TO]
MEERA PANDEY AND OTHERS VS. STATE OF U.P. AND OTHERS [LAWS(ALL)-2006-9-354] [REFERRED TO]
CHANDRA SHEKHAR VS. STATE OF U P [LAWS(ALL)-2004-3-123] [REFERRED TO]


JUDGEMENT

Brijesh Kumar, J. - (1.)Leave granted. Heard learned counsel for the parties.
(2.)The appellants, Union of India and others have impugned the judgment and order dated July 18, 2002 passed by the High Court of Andhra Pradesh, dismissing their writ petition assailing the order passed by the Central Administrative Tribunal by which the Tribunal had set aside the termination of the services of the respondent.
(3.)The Railway Recruitment Board, Bangalore issued an advertisement notice 4 of 1995 for recruitment to the posts of Junior Clerk Cum Typist. In pursuance of the selection held, the respondent was appointed as Junior Clerk cum Typist on 28-6-1996. After about three years of appointment, a communication dated 21-4-1999 was received by the respondent from the Railway administration relevant part of which has been quoted in the order passed by the Central Administrative Tribunal. It is re-produced below :-
"Now it has come to notice of Railway Board that RRB Bangalore has not subjected the candidates to typewriting test which was an essential recruitment besides there being certain serious irregularities in the conduct of examination. The Railway Board after considering the matter totally and taking into account the report of CBI and serious nature of irregularities in conduct of selection have decided to cancel the entire panel and to terminate the services of all the candidates appointed on South Central Raiway by giving the notice as per rules."
The service of the respondent was terminated by order dated 18-8-1999. The respondent preferred a petition before the Central Administrative Tribunal challening the order of his termination among other on the ground that the respondent was not responsible for any kind of irregularity and in case it was committed by the Railway Recruitment Board he could not be held responsible for it. It could not be said that each and every selected candidate was involved in it, if at all. Hence, a decision to terminate the services of all the appointees or to cancel the selection was bad. The other ground of challenge is that proper show cause notice should have been individually issued to each selectee so as to enable him to submit his proper explanation in respect of the allegation of irregularities, in absence of such a notice the termination order is bad being in violation of principles of natural justice.


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