KUSHESWAR NATH PANDEY versus STATE OF BIHAR & ORS.

KUSHESWAR NATH PANDEY versus STATE OF BIHAR & ORS.

Cancellation of appellant's time bound promotion was not justified, as the appellant was not at fault and had passed the required examination before cancellation orders; approach of authorities was unjustified and single judge's order should be restored.

Parties
Appellant: Kusheswar Nath Pandey; Respondents: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
05 August 2013
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment Reversing Single Judge Decision; Supreme Court Final Decision
Outcome
Appeal allowed; judgment of Division Bench set aside; writ petition decreed as granted by Learned Single Judge; parties to bear own costs.
Legal Topics
Promotion, Time Bound Promotion, Irregular Promotion, Cancellation of Promotion, Examination Requirement
Service Law Promotion Time Bound Promotion Irregular Promotion Cancellation of Promotion Examination Requirement

Case Brief

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Parties

Kusheswar Nath Pandey

Appellant

State of Bihar & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment Reversing Single Judge Decision; Supreme Court Final Decision

Legal Issues

  1. 1 Whether cancellation of appellant's time bound promotion, granted in 1998, was justified due to not passing promotional examination prior thereto
  2. 2 Whether recovery or cancellation can be permitted in absence of fraud or misrepresentation

Ratio Decidendi

Cancellation of appellant's time bound promotion was not justified, as the appellant was not at fault and had passed the required examination before cancellation orders; approach of authorities was unjustified and single judge's order should be restored.

Court Disposition

Appeal allowed; judgment of Division Bench set aside; writ petition decreed as granted by Learned Single Judge; parties to bear own costs.

Orders

  • Judgment of Division Bench set aside
  • Writ petition decreed as granted by Single Judge