Court No. - 29 Case :- WRIT - A No. - 39281 of 2010 Petitioner :- Union Of India And Others Respondent :- Girija Shanker Mishra And Another Petitioner Counsel :- Rakesh Kr. Srivastava Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
We have heard learned counsel for petitioner.
The Tribunal has found that the applicant’s services were
terminated on the dictates of higher authorities and relying upon
some previous judgment of the Tribunal, the order cancelling
applicant’s appointment though on contract has been set aside.
The appointment of Shri Girija Shanker Misra-respondent in the
writ petition after his selection and appointment was terminated on
the ground that he had lesser merit than other candidates. The
manner, in which the merit is to be assessed and percentage of
marks secured by other candidates is neither given in the show
cause notice dated 1.11.2001 by the Superintendent, Post Office,
Shahjahanpur (page 74) nor in para 11 of the counter affidavit filed
in the Tribunal (page 109).
Let the petitioner produce the record to establish that the applicant
has lesser merit and that he was given adequate opportunity to
defend himself before his services were terminated.
List on 26th July, 2010.
Order Date :- 8.7.2010
RKP