U P JAL NIGAM & ORS Vs. AJIT SINGH PATEL & ORS
LAWS(SC)-2018-11-28
SUPREME COURT OF INDIA
Decided on November 15,2018

U P Jal Nigam And Ors Appellant
VERSUS
Ajit Singh Patel And Ors Respondents

JUDGEMENT

A. M. Khanwilkar, J. - (1.) Delay condoned. Leave granted.
(2.) These appeals take exception to the judgment and order dated 28th November, 2017 in Writ-A No.37143/2017 and 25th July, 2018 in Review Application No.2/2018 passed by the High Court of Judicature at Allahabad. The said writ petition was filed by the respondent Nos.1 to 11 herein to challenge the order dated 11th August, 2017 passed by the Chief Engineer/Adhisthan-2-1, U.P. Jal Nigam (for short "Nigam"). The said decision of the Chief Engineer was preceded by a decision of the Board of Directors of Nigam taken in its 166th meeting held on 26th July, 2017. It was found that the appointments made to 113 posts of Assistant Engineer (Civil), 5 posts of Assistant Engineer (Electrical/Mechanical) and 4 posts of Assistant Engineer (Computer Science/Electronics and Communication/Electrical and Electronics) pursuant to notification dated 19th November, 2016, were void ab initio.
(3.) The High Court vide impugned common judgment and order dated 28th November, 2017 allowed the said writ petition and connected matters, essentially, being of the view that the order passed by the Chief Engineer dated 11th August, 2017, was in breach of principles of natural justice. The High Court also opined that the said order of the Chief Engineer declaring the appointments of 122 candidates as void ab initio, had failed to record the foundational fact that it was not possible to distinguish tainted and untainted case(s) and that there was possibility of all of them getting the benefit of the irregularities committed in the selection process; and yet hastened to terminate the appointments of all the 122 candidates by one order, that too, without giving notice and opportunity of hearing to the concerned appointees. As regards the irregularities committed in the subject selection process as noted in the order dated 11th August, 2017, the High Court held that individual notice to the concerned appointee was indispensable.;


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