UNION OF INDIA versus ASHUTOSH KUMAR SRIVASTAVA AND ANR.

UNION OF INDIA versus ASHUTOSH KUMAR SRIVASTAVA AND ANR.

The Tribunal erred in presuming bias based on speculative proximity and association, rather than concrete evidence. Unless bias is proved, only compliance with relevant rules in conduct of interview may be considered. The Tribunal is not justified in sitting in judgment over the allotment of marks or process unless concrete material demonstrates malafide.

Parties
Appellant: Union of India; Respondent: Ashutosh Kumar Srivastava; Respondent: Binod Prasad
Jurisdiction
India
Judgment Date
03 October 2001
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Central Administrative Tribunal, Allahabad
Outcome
Appeal allowed; order of Tribunal set aside; O.A. 1057 of 1994 dismissed.
Legal Topics
Interview, Non Selection, Malafide Allegation, Bias, Selection Committee, Tribunal Powers
Service Law Interview Non Selection Malafide Allegation Bias Selection Committee Tribunal Powers

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Parties

Union of India

Appellant

Ashutosh Kumar Srivastava

Respondent

Binod Prasad

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Central Administrative Tribunal, Allahabad

Legal Issues

  1. 1 Whether there was malafide or bias in the conduct of the interview by the Selection Committee
  2. 2 Whether the Tribunal was correct in sitting in judgment over the marks allotted at interview

Ratio Decidendi

The Tribunal erred in presuming bias based on speculative proximity and association, rather than concrete evidence. Unless bias is proved, only compliance with relevant rules in conduct of interview may be considered. The Tribunal is not justified in sitting in judgment over the allotment of marks or process unless concrete material demonstrates malafide.

Court Disposition

Appeal allowed; order of Tribunal set aside; O.A. 1057 of 1994 dismissed.

Orders

  • Order of Central Administrative Tribunal quashing interview result and directing fresh interview set aside.
  • O.A. 1057 of 1994 dismissed.