BISWA RAN.JAN SAHOO AND ORS. versus SUSHANTA KUMAR DLNDA AND ORS.

BISWA RAN.JAN SAHOO AND ORS. versus SUSHANTA KUMAR DLNDA AND ORS.

The procedure adopted in the selection process was in flagrant breach of rules offending Articles 14 and 16 of the Constitution. In cases of mass malpractice, the Tribunal need not issue notice to affected persons.

Source-derived case information.

Parties
Appellant: Biswa Ranjan Sahoo and Ors.; Respondent: Sushanta Kumar Dinda and Ors.
Jurisdiction
India
Judgment Date
08 May 1996
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Selection Process, Breach of Rules, Natural Justice
Service Law Constitutional Law Selection Process Breach of Rules Natural Justice

Source-derived case record

Summary, issues, holding and outcome

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Parties

Biswa Ranjan Sahoo and Ors.

Appellant

Sushanta Kumar Dinda and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether lack of integrity and sincerity in the railway selection process warrants setting aside appointments without notice to selected candidates
  2. 2 Whether mass malpractice in the selection process violates Articles 14 and 16 of the Constitution

Ratio Decidendi

The procedure adopted in the selection process was in flagrant breach of rules offending Articles 14 and 16 of the Constitution. In cases of mass malpractice, the Tribunal need not issue notice to affected persons.

Court Disposition

appeal dismissed

Orders

  • General Manager of Railways to conduct inquiry and take disciplinary action; report to Supreme Court