Case Note & Summary
The petitioner, Naresh Somaji Ikhare, filed a writ petition challenging the order dated 14-06-2022 passed by the Central Administrative Tribunal, Nagpur, which confirmed the cancellation of his candidature for compassionate appointment on the post of Concierge (Darban) at Ordnance Factory, Chanda. The petitioner's father, Soma Latari Ikhare, died on 07-06-1999 while working at the factory. The petitioner's mother applied for compassionate appointment for the petitioner on 28-06-1999, but the application remained pending until revised guidelines were received on 26-07-2012. Pursuant to the guidelines, the petitioner submitted a proforma on 22-12-2015. Based on the proforma, the petitioner was placed at Sr. No.9 in the merit list for 50 backlog vacancies. On 26-08-2020, a call letter was issued for a suitability test. However, a complaint was received, and a show cause notice dated 12-03-2021 was issued to the petitioner, alleging suppression of the fact that he was employed. The petitioner replied, but his candidature was cancelled. The Central Administrative Tribunal upheld the cancellation. The High Court dismissed the writ petition, holding that the petitioner was given a show cause notice and an opportunity of hearing, and the cancellation was justified as the suppression was deliberate.
Headnote
A) Service Law - Compassionate Appointment - Suppression of Material Facts - The petitioner's candidature for compassionate appointment was cancelled on the ground that he suppressed the fact of his employment in the application form. The court held that the petitioner was given a show cause notice and an opportunity of hearing, and the cancellation was justified as the suppression was deliberate. (Paras 2-6)
B) Service Law - Compassionate Appointment - Cancellation of Candidature - The court upheld the order of the Central Administrative Tribunal confirming the cancellation of the petitioner's candidature for compassionate appointment on the post of Concierge (Darban) due to suppression of material facts. (Paras 2-6)
Issue of Consideration
Whether the cancellation of the petitioner's candidature for compassionate appointment on the ground of suppression of material facts was justified.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Central Administrative Tribunal confirming the cancellation of the petitioner's candidature for compassionate appointment.
Law Points
- Suppression of material facts
- compassionate appointment
- cancellation of candidature
- principles of natural justice
- show cause notice
Case Details
2024 LawText (BOM) (03) 166
WRIT PETITION NO. 6049 OF 2022
NITIN W. SAMBRE, ABHAY J. MANTRI
Mr. M.G. Burde, Counsel for the petitioner, Mr. C.J. Dhumne, Counsel for the respondents
Shri Naresh Somaji Ikhare
The Union of India, The Director General Ordnance (Coordination & Service), The General Manager, Ordnance Factory Chanda
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Nature of Litigation
Writ petition challenging the order of the Central Administrative Tribunal confirming cancellation of compassionate appointment.
Remedy Sought
Petitioner sought quashing of the order dated 14-06-2022 passed by the Central Administrative Tribunal, Nagpur, and direction to the respondents to grant him compassionate appointment.
Filing Reason
Petitioner's candidature for compassionate appointment was cancelled on the ground of suppression of material facts regarding his employment.
Previous Decisions
The Central Administrative Tribunal, Nagpur, by order dated 14-06-2022 in Original Application No.170/2022, confirmed the cancellation of the petitioner's candidature.
Issues
Whether the cancellation of the petitioner's candidature for compassionate appointment on the ground of suppression of material facts was justified.
Submissions/Arguments
Petitioner argued that he was not given an opportunity of hearing and that the cancellation was arbitrary.
Respondents argued that the petitioner suppressed the fact of his employment in the application form and was given a show cause notice and an opportunity to explain.
Ratio Decidendi
The court held that the petitioner was given a show cause notice and an opportunity of hearing, and the cancellation of his candidature for suppression of material facts was justified.
Judgment Excerpts
The petitioner being aggrieved by the order dated 14-06-2022 passed by the Central Administrative Tribunal, Nagpur... whereby confirmed the order passed by the respondents cancelling/rejecting the candidature/claim of the petitioner for grant of compassionate appointment on the post of Concierge (Darban), has preferred this petition.
The petitioner was given a show cause notice dated 12-03-2021 calling upon him to explain why his candidature should not be cancelled for appointment on compassionate grounds as he suppressed the details of his employment.
Procedural History
The petitioner's father died on 07-06-1999. The petitioner's mother applied for compassionate appointment on 28-06-1999. The application remained pending until revised guidelines were received on 26-07-2012. The petitioner submitted a proforma on 22-12-2015. A call letter was issued on 26-08-2020. A show cause notice was issued on 12-03-2021. The candidature was cancelled. The petitioner filed Original Application No.170/2022 before the Central Administrative Tribunal, Nagpur, which was dismissed on 14-06-2022. The petitioner then filed the present writ petition.
