Supreme Court - Daily Orders
Union Of India & Ors. Etc. Etc. vs Ashwani Kumar & Anr. Etc. Etc. on 5 May, 2017
Bench: Pinaki Chandra Ghose, Rohinton Fali Nariman
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.6424-6428/2017
(@Petition(s) for Special Leave to Appeal(C) Nos.26518-26522/2015)
UNION OF INDIA & ORS. ETC. ETC. Appellant(s)
VERSUS
ASHWANI KUMAR & ANR. ETC. ETC. Respondent(s)
O R D E R
Leave granted.
We have heard the learned Additional Solicitor General appearing for the appellants and the learned counsel appearing for the respondents.
We have gone through the impugned Judgment passed by the High Court.
Learned Additional Solicitor General has drawn our attention to Page No.19 – Para No.4 of the additional documents, which reads as follows:-
“NOW THEREFORE, in the light of above developments and order dated 1-2-2013 of S.S.C. and the fact that your candidature for the post of A.S.I/Exe. has been cancelled by S.S.C. which was the basis for the issue of offer of appointment to you by C.I.S.F., you are hereby directed to show cause as to why your services shall not be terminated on cancellation of your candidature for the above post by the S.S.C.” In view of the above, we find that the order passed by the High Court is not correct Signature Not Verified as on 9th October, 2013, reason was given Digitally signed by VISHAL ANAND Date: 2017.05.11 for termination of service on cancellation of candidature for the 16:12:21 IST Reason:
above post by the S.S.C. to the respondents. -2- The High Court did not appreciate the facts of the matter in question and has erred in setting aside/quashing the show cause notices issued to the respondents by the appellants. Thus, the order of the High Court is not sustainable in the eyes of law and deserves to be set aside. Accordingly, we set aside the impugned order of the High Court.
As prayed by the learned counsel appearing for the respondents, eight weeks' time is granted to the respondents to file reply to the show cause notice. We make it clear that status-quo with regard to service of the respondents – herein shall be maintained till the matter is decided by the authorities.
......................J (PINAKI CHANDRA GHOSE) ......................J (ROHINTON FALI NARIMAN) NEW DELHI;
5TH MAY, 2017.
-3-
ITEM NO.46 COURT NO.6 SECTION XIV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)
No(s). 26518-26522/2015
(Arising out of impugned final judgment and order dated 17/12/2014 in WPC No. 7484/2013, WPC No. 7493/2013, WPC No. 7498/2013, WPC No. 7527/2013 and WPC No. 7538/2013 passed by the High Court of Delhi at New Delhi) UNION OF INDIA & ORS. ETC. ETC. Petitioner(s) VERSUS ASHWANI KUMAR & ANR. ETC. ETC. Respondent(s) (With interim relief and office report) Date: 05/05/2017 These petitions were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. A.N.S. Nadkarni, ASG Mr. Merusagar Samantary, Adv. Ms. Binu Tamta, Adv.
Ms. B. Sunita Rao, Adv.
Ms. Lhingneivah, Adv.
Ms. Viddusshi, Adv.
Mr. B.K. Prasad, Adv.
Ms. Sushma Suri, AOR For Respondent(s) Mrs. Rekha Palli, Sr. Adv.
Ms. Shruti Munjal, Adv.
Mr. Nikhil Palli, Adv.
Mr. Deepak Goel, AOR UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeals are disposed of in terms of the signed order.
(VISHAL ANAND) (SNEH LATA SHARMA)
COURT MASTER COURT MASTER
(Signed Order is placed on the file)