BABU LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner was a candidate for the post of Supdt. Grade-11 in the selection conducted some time in 1996. He along with 10 other candidates allegedly qualified a written and viva-voce test, but when it came to appointing him, respondents are said to have cancelled the selection and ordered fresh selection.

(2.) Petitioner challenged this in OA No.84/97 amongst other on the ground that the selection made could not be cancelled without the approval of General Manager in terms of para 215(c) of IREM. Respondents, on the other hand. maintained that the selection was cancelled by Divisional . Railway Manager vide para 218 of IREM and the case was referred to headquarters office for post facto approval of General Manager but original file No.111-P/Confdl/6/96 containing the selection proceedings was lost in transit.

(3.) To ascertain the correct position, General Manager was asked to file an affidavit which, he did on 27.1.98. Tribunal thereupon took the view that cancellation of June 1996 selection had not taken place as it was required to be approved by the General Manager which was not done. It accordingly held that 1996 selection valid and directed respondents to make appointments in accordance with it by order dated 27.1.1998.