Rajasthan High Court Orders Tehsildar To Personally Pay ₹2 Lakh Compensation For 53-Day Illegal Detention Despite Suspension Of Sentence Law Does Not Countenance Resurrection Of Stale Claims Through Inventive Drafting: Karnataka High Court Rejects 20-Year-Old Partition Dispute CPC Provisions Cannot Be Used to Transfer Consumer Complaints Across States: NCDRC Invokes Section 62 to End Forum-Shifting Ordeal in Nirmal Spinning Mills Case FSSA Provisions Prevail Over PFA Act In Cases Of Overlapping Jurisdiction, Prosecution Under Old Act Impermissible: J&K High Court Motive Pales Into Significance When Direct Ocular Evidence Establishes Crime; Enmity Is A Double-Edged Sword: Allahabad High Court Plaintiff Cannot Succeed Merely On Weakness Of Defence; Initial Burden To Prove Claim Rests On Claimant: Madras High Court Witness Threats Noted By Higher Courts Disentitle Convict To Suspension Of Sentence: Gujarat High Court Family Court Orders Must Be Enforced Immediately, Pendency Of Applications No Excuse For Disobedience: Delhi High Court 'Fraud And Justice Never Dwell Together': Karnataka High Court Reverses Order To Grant Land Based On Fabricated Records Development Authority Competent To Sanction Land Use Conversion From Residential To Nursing Home If Permitted Under Master Plan & Zoning Regulations: Allahabad High Court Notification Changing Import Policy From 'Free' To 'Restricted' Operative Only From Exact Time Of Publication In E-Gazette: Delhi High Court On Name Of Protection of the Complainer Excluding Relevant Defence Evidence in Sexual Offences Trials May Breach Fair Trial Rights: UK Supreme Court Boundaries In Sale Deed Prevail Over Discrepancy In Property Description; Adverse Possession Begins From Date Of Hostile Notice: Punjab & Haryana HC Supreme Court of UK Upholds HMRC Decision: Professional Fees Incurred by Investment Holding Company Are Capital Expenditure Criminal Law Cannot Be Used To Silence Citizens Questioning Legality Of Police Action: Madras High Court Quashes Obstruction Case Punjab & Haryana High Court Directs Centre To Treat Ashok Khemka As Empaneled For Future Assignments, Says Denying Relaxation Granted To Peers Is Discriminatory Section 34 Court Cannot Substitute Arbitrator’s Plausible View With Its Own; Not Bound By Technical Rules Of Evidence Act: Madras High Court Article 227 Jurisdiction Cannot Be Invoked To Reopen Decrees Finalized Four Decades Ago: Allahabad High Court Dismisses Challenge To 1985 Order Daughter Has No Right To Inherit Agricultural Land If Succession Opened Before 2005 HSA Amendment: Delhi High Court Rejects Plaint Indian Trust Act Inapplicable To Public Religious Endowments; Sale Of Charity Property Without HR&CE Commissioner's Permission Void: Madras High Court Supreme Court Clarifies Status of Collateral Warranties Under Construction Contracts FIR Quashed Against Newsclick: PMLA Proceedings Cannot Stand Alone Without A Predicate Offence, Rules Delhi High Court Assessee Claiming TDS Exemption On "Reimbursement" To Non-Residents Must Obtain Mandatory Tax Determination Under Section 195(2): Madras High Court

Rejection of Candidates on Mere Suspicion is Unjust: Calcutta High Court Orders Reconsideration in RPF Recruitment Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Calcutta High Court has directed the Railway Protection Force (RPF) to reconsider the appointments of two candidates who had cleared all stages of the selection process for the post of Constable but were denied appointments on allegations of impersonation. The judgment, delivered by Justice Raja Basu Chowdhury, emphasized procedural fairness and the necessity of substantial evidence before rejecting candidates.

Procedural Irregularities in Selection Process: The court scrutinized the RPF’s selection process under Employment Notice No. 01/2011, where petitioners had successfully completed the written examination, Physical Efficiency Test (PET), Physical Measurement Test (PMT), and viva voce. Despite these achievements, appointment letters were withheld. The High Court found procedural irregularities, notably the rejection of candidates on suspicion without providing them an opportunity to respond.

Right to Fair Treatment: Addressing the allegations of impersonation against petitioners Krishna Murari Kumar and Binod Kumar, the court held, “Rejection of candidates on mere suspicion of impersonation without giving them an opportunity to respond is unjust.” The court observed that the petitioners were not given a fair chance to contest the allegations, which were primarily based on discrepancies in fingerprint matches.

Legal Reasoning: Justice Chowdhury underscored the importance of procedural fairness, particularly in public recruitment. The court referenced several landmark cases, including Union of India v. Rajesh P.U., Puthuvalnikathu (2003) and State of UP v. Ravindra Kumar (2009), emphasizing the principle that decisions impacting candidates’ careers must be backed by substantial evidence and due process.

Justice Chowdhury remarked, “In view thereof, meritorious candidates securing high marks cannot be ignored on the whims and caprice of the respondents that too on the basis of suspicion.”

Decision: The judgment directed the RPF to process the candidatures of Krishna Murari Kumar and Binod Kumar within four weeks, stressing that age-bar impediments should not affect the delayed appointments. This ruling highlights the judiciary’s role in ensuring fair recruitment processes and protecting candidates’ rights against arbitrary actions by authorities.

Date of Decision:24th May, 2024

SURYA MANDDY & ORS. Vs. UNION OF INDIA & ORS.

 

Latest Legal News