OMKAR SINHA & ANR versus SAHADAT KHAN & ORS

OMKAR SINHA & ANR versus SAHADAT KHAN & ORS

The Division Bench's conclusion that the 1977 circular was revoked by the communications of May and December 2009 cannot be sustained because those communications were not orders expressed to be in the name of the Governor and did not bear the insignia of a Government Order; the 17.10.1977 circular was revoked only by the formal order dated 11.06.2012 made in the name of the Governor. Accordingly, the appeals are allowed and the impugned Division Bench judgments are set aside.

Parties
Appellant: Omkar Sinha; Respondent: Sahadat Khan
Jurisdiction
India
Judgment Date
29 April 2022
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of the High Court (division Bench) in Writ Appeal No.02 of 2015
Outcome
Appeals allowed; impugned judgments of the High Court (Division Bench) set aside
Legal Topics
Validity and Revocation of Government Circulars/orders, Article 166 Conduct of Business of the State, Recruitment and Promotion Rules for Forest Service, Continuance of Pre Reorganisation Government Orders
Constitutional Law Administrative Law Service Law Validity and Revocation of Government Circulars/orders Article 166 Conduct of Business of the State Recruitment and Promotion Rules for Forest Service Continuance of Pre Reorganisation Government Orders

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Parties

Omkar Sinha

Appellant

Sahadat Khan

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of the High Court (division Bench) in Writ Appeal No.02 of 2015

Legal Issues

  1. 1 Whether the circular dated 17.10.1977 was validly revoked by communications dated 14.05.2009 or 14.12.2009 or only by order dated 11.06.2012
  2. 2 Whether a communication not expressed in the name of the Governor constitutes a Government order under Article 166
  3. 3 Whether the 1977 circular was ultravires statutory recruitment rules or permitted under Rule 6(4) of the Recruitment Rules

Ratio Decidendi

The Division Bench's conclusion that the 1977 circular was revoked by the communications of May and December 2009 cannot be sustained because those communications were not orders expressed to be in the name of the Governor and did not bear the insignia of a Government Order; the 17.10.1977 circular was revoked only by the formal order dated 11.06.2012 made in the name of the Governor. Accordingly, the appeals are allowed and the impugned Division Bench judgments are set aside.

Court Disposition

Appeals allowed; impugned judgments of the High Court (Division Bench) set aside

Orders

  • Appeals allowed
  • Impugned judgments set aside