KENDRIYA VIDYALAYA SANGATHAN AND ORS. versus AJAY KUMAR DAS AND ORS.

Citation: [2002] 3 S.C.R. 609 · Decided: 29-04-2002 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

... 
KENDRIYA VIDYALAYA SANGATHAN AND ORS. 
v. 
AJAY KUMAR DAS AND ORS. 
APRIL 29, 2002 
[S. RAJENDRA BABU AND B.N. AGRAWAL, JJ.] 
Service Law: 
Appointment-Lower Division Clerks-Appointment orders issued by an 
officer whose services had been terminated, but was continuing in service on 
the basis of an interim order of High Court-Inquiry Report brought out 
irregularities in the recruitment-Vacation of interim order-Termination of 
services of the appointees by the authorities-Validity of-Held, such order 
B 
c 
not valid-Such orders being a nullity, observance of principles of natural 
justice would not arise-Principles of natural justice-Administrative Law. 
D 
Appellants issued advertisement for the posts of LDCs. Assistant 
Commissioner, whose services had been terminated a couple of days before, 
issued appointment orders since he was continuing in service on the basis 
of the interim order of the High Court. Assistant Commissioner then 
challenged the order of his termination. High Court dismissed the petition E 
and also held that the appointment order issued by him were null and void. 
Inquiry Report regarding recruitment made by the Assistant Commissioner 
also indicated several irregularities. Thereafter, on the basis of vacation 
of the interim order, the appointing authority passed an order terminating 
the services of the respondents. Respondents challenged the or_der and the 
tribunal set aside the order on the ground that the respondents were not 
parties to the writ proceedings and identical order had been issued in the 
case of persons who had been selected, without observing the principles of 
natural justice. Aggrieved appellant filed writ petition which was dismissed 
by the High Court. Hence the present appeals. 
Allowing the appeals, the Court 
HELD: Respondents were appointed by the Assistant Commissioner 
when his services had been terminated and his continuation in service itself 
was under a cloud and in an inquiry serious lapses had been noticed in the 
609 
F 
G 
H 
... 
610 
SUPREME COURT REPORTS 
[2002] 3 S.C.R. 
A matter of recruitment. It is clear that if after the termination of services 
;,--
of the officer concerned the orders of appointment are issued, such orders 
are not valid. If such appointment orders are a nullity, the question of 
observance of principles of natural justice would not arise. Even though 
the respondents may not have been a party to the proceedings before the 
B High Court, it is clear that if the appointing authority itself did not have 
power to make appointment by reason of termination of his services, it is 
futile to contend that the respondents should have been served with notices 
in that regard. On the pretext that the order of termination of the services 
of the Assistant Commissioner had not been served upon him, it cannot be 
contended that the appointments in question would be valid. 
C 
1611-F-H; 612-A, BJ 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3 I50 of 
2002. 
From the Judgment and Order dated 7.6.2000 of the Gauhati High 
D Court in W.P. (C) No. 2443 of 2000. 
E 
WITH 
C.A. Nos. 3I5I-3I52, 3153, 3I54, 3155, 3I56, 3I57 of2002. 
S. Rajappa for the Appellants. 
A.R. Barthakur, Suresh C. Gupta, A. Gunesh:war Sharma, Sanjay Pal, 
Kamal Mohan Gupta, Vipul Gupta, Ms. Lalita Kaushik, S.K. Nandy, S.M. 
Sarkar, B.B. Sinha, R.C. Verma, S.C. Patel, Rakesh K. Khanna, Brahm Out, 
and Reetesh Singh and Surya Kant for the Respondents. 
F 
Ashim Paul-in-person for the Respondent in C.A. No. 3153/2002. 
The Judgment of the Court was delivered by 
RAJENDRA BABU, J. : Leave granted in all the SLPs. 
G 
The services of one Dr. K.C. Rakesh, Assistant Commissioner of the 
appellants' Regional Office in Guwahati stood terminated by an order made 
on December I I, I997. 
An advertisement had been issued on 26. I 0.1996 for filling up I2 posts 
of LDCs. Certain tests were held on different dates and letters of appointment 
H were issued on 13/15 December, 1997 by the said Dr. K.C.Rakesh to the 
.. 
KENDRIYA VIDYALAYA SANGATHAN r. AJAY KUMAR DAS [RAJENDRA BABU,J.} 611 
respondents and they were duly appointed. On the order terminating the A 
services of the said Dr. K.C. Rakesh, a writ petition was filed before the High 
Court of Delhi which came to be ultimately olismissed. An interim order had 
been made in the said writ petition and the same was vacated by the Delhi 
High Court by an order made on 4.2.1998. The relevant portion of the said 
order reads as f

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