Allahabad High Court
Union Of India And Others vs Girija Shanker Mishra And Another on 8 July, 2010
Bench: Sunil Ambwani, Kashi Nath Pandey
Court No. - 29 Case :- WRIT - A No. - 39281 of 2010 Petitioner :- Union Of India And Others Respondent :- Girija Shanker Mishra And Another Petitioner Counsel :- Rakesh Kr. Srivastava Hon'ble Sunil Ambwani,J.
Hon'ble Kashi Nath Pandey,J.
We have heard learned counsel for petitioner.
The Tribunal has found that the applicant's services were terminated on the dictates of higher authorities and relying upon some previous judgment of the Tribunal, the order cancelling applicant's appointment though on contract has been set aside.
The appointment of Shri Girija Shanker Misra-respondent in the writ petition after his selection and appointment was terminated on the ground that he had lesser merit than other candidates. The manner, in which the merit is to be assessed and percentage of marks secured by other candidates is neither given in the show cause notice dated 1.11.2001 by the Superintendent, Post Office, Shahjahanpur (page 74) nor in para 11 of the counter affidavit filed in the Tribunal (page 109).
Let the petitioner produce the record to establish that the applicant has lesser merit and that he was given adequate opportunity to defend himself before his services were terminated.
List on 26th July, 2010.
Order Date :- 8.7.2010 RKP