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news details
CAT sets aside impugned order cancelling selection of jail warder
4/9/2021 12:28:18 AM

Early Times Report
JAMMU, Apr 8: A bench of Central Administrative Tribunal (CAT) comprising Judicial Member Rakesh Sagar Jain and Administrative Member Anand Mathur set-aside the impugned order No. 134- Home of 2019 dated 6-2-2019 passed by Principal Secretary to Government, Home Department, Government of J&Ks cancelling the process of selection initiated pursuant to Advertisement Notification No. 539 of 2005 dated 25-8-2005 for the post of Jail Warder.
The CAT directed respondents to go ahead with the selection process further and take appropriate decision, as per the Scheme of Recruitment Rules and Advertisement notification. The exercise should be completed by the administration within three months. This significant judgment has been passed in a petition seeking quashing of Govt. Order No.134-Home of 2019 dated 6-02-2019, whereby the respondent authorities have terminated the selection process initiated pursuant to Advertisement Notification 539 of 2005 dated 25-08-2005 and also seeking direction to respondent to accord consideration to the case of the petitioner for the purpose of their selection and consequent appointment against the post of Jail Warder being eligible and pass through all the requisite tests conducted by the respondents in terms of selection process initiated for advertisement notification no. 529 of 2005 dated 25-08-2005.
The bench of CAT observed that in the background of facts, it is the plea of the petitioners that the irregularities were not such as to necessitate cancellation of entire process of selection process. Even if, there were some deficiencies, such deficiencies could not be said to be incurable.
The CAT observed that in absence of good and sound reasons in support of impugned order, it must be held that the impugned order was passed in unreasonable and irrational manner, the impugned order of cancellation of the entire recruitment process must, therefore, be quashed and set aside. Consequently, the petitions succeed and are allowed.
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