SUNIL KUMAR SINGH versus UNION OF INDIA AND ORS.

SUNIL KUMAR SINGH versus UNION OF INDIA AND ORS.

The matter is remitted to the High Court for fresh consideration because neither the Tribunal nor the High Court examined the impact of the appellant’s acquittal in the criminal case or whether he deserved to be continued; non-appearance before the Tribunal is not conclusive; official respondents may reconsider the contractual appointment in light of facts.

Parties
Appellant: Sunil Kumar Singh; Respondents: Union of India and Ors.; Respondent No.6: Kamlesh Prasad Singh
Jurisdiction
India
Judgment Date
04 January 2005
Procedural Posture
Civil Appeal / Appeal From Patna High Court Decision Affirming Central Administrative Tribunal Order
Outcome
Appeal disposed of; matter remitted to High Court for fresh consideration
Legal Topics
Contractual Appointment, Post and Telegraph Department, Disqualification Due to Criminal Case, Administrative Tribunal Review
Service Law Contractual Appointment Post and Telegraph Department Disqualification Due to Criminal Case Administrative Tribunal Review

Case Brief

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Parties

Sunil Kumar Singh

Appellant

Union of India and Ors.

Respondents

Kamlesh Prasad Singh

Respondent No.6

Procedural Posture

Civil Appeal / Appeal From Patna High Court Decision Affirming Central Administrative Tribunal Order

Legal Issues

  1. 1 Whether the appellant's contractual appointment as Extra Departmental Delivery Agent/Extra Departmental Mail Carrier was liable to be set aside due to involvement in a criminal case
  2. 2 Whether the effect of acquittal in a criminal case was duly considered by the authorities and High Court
  3. 3 Whether non-appearance before the Tribunal could be a determinative factor for cancellation of appointment

Ratio Decidendi

The matter is remitted to the High Court for fresh consideration because neither the Tribunal nor the High Court examined the impact of the appellant’s acquittal in the criminal case or whether he deserved to be continued; non-appearance before the Tribunal is not conclusive; official respondents may reconsider the contractual appointment in light of facts.

Court Disposition

Appeal disposed of; matter remitted to High Court for fresh consideration

Orders

  • Matter remitted to Patna High Court for fresh consideration.
  • Official respondents are permitted to reconsider continuation of appellant’s contractual appointment.