STATE OF U.P. AND ANR. versus GIRISH BIHARI AND ORS.

STATE OF U.P. AND ANR. versus GIRISH BIHARI AND ORS.

Cancellation of extension order before operative date did not violate principles of natural justice, as no vested right accrued and the respondent did not alter position; estoppel plea rejected.

Parties
Appellant: State of U.P.; Respondent: Girish Bihari
Jurisdiction
India
Judgment Date
14 February 1997
Procedural Posture
Civil Appeal / Appeal From Judgment of Central Administrative Tribunal, Lucknow Bench
Outcome
Appeal allowed; judgment of the Tribunal set aside; no order as to costs.
Legal Topics
Extension of Service, Natural Justice, Estoppel, Death Cum Retirement Benefits, Election Commission Guidelines
Service Law Administrative Law Extension of Service Natural Justice Estoppel Death Cum Retirement Benefits Election Commission Guidelines

Case Brief

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Parties

State of U.P.

Appellant

Girish Bihari

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of Central Administrative Tribunal, Lucknow Bench

Legal Issues

  1. 1 Whether cancellation of service extension order before it became operative violates principles of natural justice
  2. 2 Whether respondent had a vested right due to extension order
  3. 3 Applicability of estoppel to the cancellation of extension

Ratio Decidendi

Cancellation of extension order before operative date did not violate principles of natural justice, as no vested right accrued and the respondent did not alter position; estoppel plea rejected.

Court Disposition

Appeal allowed; judgment of the Tribunal set aside; no order as to costs.

Orders

  • Judgment of the Central Administrative Tribunal set aside
  • Order dated 23rd March 1996 cancelling extension upheld