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1 - 5 of 5 (0.22 seconds)Ramesh Chandra Shah & Ors vs Anil Joshi & Ors on 3 April, 2013
In view of the propositions laid down in the
abovenoted judgments, it must be held that by having
taken part in the process of selection with full knowledge
that the recruitment was being made under the General
Rules, the respondents had waived their right to question
the advertisement or the methodology adopted by the
Board for making selection and the learned Single Judge
and the Division Bench of the High Court committed
grave error by entertaining the grievance made by the
respondents."
Mohinder Singh Gill & Anr vs The Chiief Election Commissioner, New ... on 2 December, 1977
11. The Learned Single Judge has observed that the findings of the
Committee report are not mentioned in express terms in the order dated
10.3.2015 but because there is a reference therein to the Committee
constituted for inquiry it could safely be gathered that this aspect of the
matter was also a part of the decision making process and the
Respondents were not building up a fresh case before the Court in their
counter-affidavit beyond the order dated 10.3.2015 holding that Mohinder
Singh Gill (supra) had no application to the facts of the case. We regret
our inability to concur with the same in view of the clear and express
recitals in the order dated 10.3.2015 which admits of no ambiguity
whatsoever read along with the counter affidavit also. To read the report
into it would tantamount to including something that the government itself
had excluded. Further, it is not permissible for the Respondents to argue
contrary to the order dated 10.3.2015, and urge that it is also based on
the enquiry report especially when the counter-affidavit avers that other
complaints were found baseless.
Hindustan Petroleum Corpn. Ltd vs Darius Shapur Chenai & Ors on 20 September, 2005
10. An order passed by the Government or Government functionaries
will have to be tested on the basis of recitals contained in the order and it
is not open for the functionaries to explain the order or improve upon it by
a counter-affidavit. (1978)1 SCC 405 (Mohinder Singh Gill v. Chief
Election Commissioner, New Delhi) has been followed in (2005) 7 SCC
627 (Hindustan Petroleum Corpn. Ltd. v. Darius Shapur Chenai )
observing :-
Article 234 in Constitution of India [Constitution]
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