Thrissur District Co-Operative Bank ... vs Delson Davis P. And Ors. on 15 January, 2002
5 Mr Vikramjit Banerjee, learned Additional Solicitor General has relied
upon a decision of a two-judge Bench of this Court in Thrissur District
Co-operative Bank Limited v Delson Davis P2. The Additional Solicitor
General submitted that once the process of selection had been completed
with the appointment of G Vijender, the Select List stood exhausted.
Hence, the subsequent dismissal of the appointed candidate from service
would not result in the revival of the Select List. Hence, it was urged that
1 Tribunal
2 2002 (2) SLR 410
3
both the Tribunal and the High Court have erred in coming to the
conclusion that the respondent had a vested right to appointment.
6 On the other hand, it has been urged on behalf of the respondent by
Mr M Venkanna, learned counsel, that the candidate who had been
appointed had secured his appointment through fraudulent means and,
hence, the appointment was void ab initio. Learned counsel submitted that
it was, strictly speaking, not necessary for the Department to hold a
departmental enquiry and a simple order of termination with a notice to
show cause would have sufficed. Hence, it was urged that it was the
respondent, who was second in the order of merit, who should have been
appointed.