SUBHASH CHANDER BAJAJ Vs. KAMAL SINGH SINGHMAR
LAWS(SC)-1996-11-236
SUPREME COURT OF INDIA
Decided on November 29,1996

Subhash Chander Bajaj Appellant
VERSUS
Kamal Singh Singhmar Respondents

JUDGEMENT

- (1.) LEAVE granted. One Karnal Singh Singhmar, Respondent 1 (hereinafter to be referred to as "the Respondent") filed a writ petition claiming the post of District Attorney.
(2.) THE High Court on consideration of the materials on record came to the conclusion that Respondent 1 had not applied for the post through proper channel on 21/1/1992 and had sent an advance copy to the Commission directly without prescribed fee; as such he was not entitled to be considered for the said post. After having said so, the High Court quashed the appointment of the appellant whose name had been recommended by the Commission and who had been appointed as District Attorney as early as in July 1993. It has rightly been urged on behalf of the appellant that while dismissing the writ petition of the respondent there was no occasion for the High Court to examine the validity of the appointment of the appellant, and then to quash the same. Accordingly, we allow this appeal and that part of the order of the High Court quashing the appointment of the appellant is set aside. No costs.;


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