STATE OF BIHAR AND ORS. versus CHANDRESHWAR PATHAK

STATE OF BIHAR AND ORS. versus CHANDRESHWAR PATHAK

In the absence of advertisement or selection process, appointment of respondent is not protected and could be validly terminated; Division Bench erred in interfering while Single Judge was justified in dismissing writ petition.

Source-derived case information.

Parties
Appellant: State of Bihar and Ors.; Respondent: Chandreshwar Pathak
Jurisdiction
India
Judgment Date
07 August 2014
Procedural Posture
Civil Appeal / Final Disposition on Appeal From High Court Division Bench
Outcome
Appeal allowed
Legal Topics
Public Employment, Temporary Appointment, Backdoor Appointment, Termination, Equal Opportunity
Service Law Constitutional Law Public Employment Temporary Appointment Backdoor Appointment Termination Equal Opportunity

Source-derived case record

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Parties

State of Bihar and Ors.

Appellant

Chandreshwar Pathak

Respondent

Procedural Posture

Civil Appeal / Final Disposition on Appeal From High Court Division Bench

Legal Issues

  1. 1 Whether appointment to public post without advertisement or selection process is valid and protected under Articles 14 and 16 of Constitution of India
  2. 2 Whether termination of service of respondent appointed through backdoor method was justified

Ratio Decidendi

In the absence of advertisement or selection process, appointment of respondent is not protected and could be validly terminated; Division Bench erred in interfering while Single Judge was justified in dismissing writ petition.

Court Disposition

Appeal allowed

Orders

  • Order of Division Bench of High Court set aside
  • Order of Single Judge of High Court restored