Vidyalaya Sangathan & Ors Vs. Ajay Kumar Das & Ors  Insc 229 (29 April 2002)
Babu & B.N. Agrawal Rajendra Babu, J. :
C.A.Nos3151-3152 of 2002 (@ SLP(C) Nos.6796-97/2001],C.A.No3153 of 2002 (@
SLP(C) No.876/2002], C.A.No3154 of 2002 (@ SLP(C) No.4396 /2002], C.A.No3155 of
2002 (@ SLP(C) No.4395/2002], C.A.No3156 of 2002 (@ SLP(C) No.4398/2002], C.A.No
3157 of 2002 (@ SLP(C) No.4897/2002)]
granted in all the SLPs.
services of one Dr. K.C.Rakesh, Assistant Commissioner of the appellants'
Regional Office in Guwahati stood terminated by an order made on December 11, 1997.
advertisement had been issued on 26.10.1996 for filling up 12 posts of LDCs.
Certain tests were held on different dates and letters of appointment were
issued on 13/15 December, 1997 by the said Dr. K.C.Rakesh to the respondents
and they were duly appointed. On the order terminating the services of the said
Dr. K.C.Rakesh, a writ petition was filed before the High Court of Delhi which
came to be ultimately dismissed. An interim order had been made in the said
writ petition and the same was vacated by the Delhi High Court by an order made
on 4.2.1998. The relevant portion of the said order reads as follows:
advantage of the interim order passed by this Court, the petitioner has issued
various orders. Whatever orders passed by the petitioner after the termination
order issued by the respondents will be treated as null and void and they will
have absolutely no legal effect. The respondent will act as if there are not
such orders passed by the petitioner after the termination order was
passed." In addition to that, an enquiry was conducted into certain
allegations of irregularities regarding recruitment to teaching and non-
teaching posts made by the said Dr. K.C.Rakesh. The Enquiry Report clearly
indicated that there were several irregularities in the matter of recruitment.
Bearing these aspects in mind and considering the fact that the appointment
orders have been issued by the said Dr. K.C.Rakesh, when he had been dismissed,
the authorities put an end to the services of the respondents by an order made
on 19.2.1998 by adverting to the vacation of the interim order to which we have
already referred to. This order was challenged by the respondents before the
Central Administrative Tribunal, Guwahati Bench [hereinafter referred to as
'the Tribunal']. The Tribunal set aside the order dated 19.2.1998 on the ground
that the respondents were not parties to the writ proceedings and identical
orders had been issued in the case of persons who had been selected without
observing the principles of natural justice. When the matter was carried by way
of writ petition to the High Court, the same having been dismissed, the
appellants have approached this Court in these appeals by special leave.
narration of the facts made above, make it clear that the respondents were
appointed by the said Dr. K.C.Rakesh, Assistant Commissioner, Guwahati when his
services had been terminated and his continuation in service itself was under a
cloud and in an inquiry serious lapses had been noticed in the matter of
recruitment. It is clear that if after the termination of services of the said
Dr. K.C.Rakesh, the orders of appointment are issued, such orders are not
valid. If such appointment orders are a nullity, the question of observance of
principles of natural justice would not arise. Even though, the respondents may
not have been a party to the proceedings before the High Court, it is clear
that if the appointing authority itself did not have power to make appointment
by reason of termination of his services, it is futile to contend that the
respondents should have been served with notices in that regard. Dr. K.C.Rakesh
issued appointment orders on his services having been put an end to on December
11, 1997 by issuance of orders of appointment dated December 13/15, 1997. On
the pretext that the order of termination of his services had not been served
upon him it cannot be contended that the appointments of the respondents would be
circumstances, we are of the view that neither the High Court nor the Tribunal
examined the matter in the right perspective. We, therefore, set aside the
orders made by the High Court and the Tribunal and dismiss the original
applications filed by the respondents before the Tribunal. These appeals will
stand allowed accordingly. No costs.
RAJENDRA BABU ] ...J.
B.N.AGRAWAL ] APRIL 29,