Court Rules Administrative Authority Can Recall Void Orders, Denies Promotion Amidst Pending Disciplinary Appeal
In a significant ruling, the Calcutta High Court has dismissed the writ petition filed by Debanjan Guha, challenging the recall of an appellate decision that revoked disciplinary penalties against him. The court upheld the decision of the Board of Directors of the West Bengal Small Industries Development Corporation Ltd. (WBSIDCL) to recall the order issued by the Executive Director, citing it as void due to lack of jurisdiction.
Justice Partha Sarathi Chatterjee presided over the matter, which revolved around the statutory appeal process and the subsequent recall of an appellate decision that had initially favored Guha. The court found that the Executive Director had overstepped his jurisdiction by revoking the disciplinary penalty imposed on Guha, a decision that should have been made by the Board of Directors as per the Staff Regulations.
The judgment emphasized that an administrative authority possesses the inherent power to recall an order issued without jurisdiction, rendering such an order void ab initio. This power of recall, the court noted, is distinct from the power of review, which is typically confined to errors apparent on the face of the record.
Guha, who had been serving as an Assistant Manager-II, was subjected to disciplinary action following allegations of misconduct. Although the penalty was initially revoked by the Executive Director, the Board later determined that the decision was made without proper authority. Consequently, the Board appointed a retired judge to rehear the appeal, a move supported by the High Court.
The court also addressed the issue of Guha's promotion, which had been kept in abeyance by the Selection Committee despite him securing the top position in the merit list. The judgment upheld the decision to defer the promotion, stating that it was justified given the ongoing statutory appeal.
This ruling underscores the principle that orders issued by authorities lacking jurisdiction are null and void, and such defects are not curable. The court highlighted that actions taken pursuant to void orders, including the implementation of revoked penalties, do not create legal rights or bind the state.
The decision reaffirms the authority of administrative bodies to rectify jurisdictional errors and maintain organizational discipline, even in the absence of explicit statutory provisions for review or revision.
Bottom Line:
An administrative authority can recall an order issued without jurisdiction, rendering the order void ab initio, and such recall is distinct from the power of review.
Statutory provision(s): Regulation 50(iii) of the West Bengal Small Industries Development Corporation Limited (Staff Regulations), Rule 45(b) of the Staff Regulations, Articles 14, 16, and 21 of the Constitution of India.
Debanjan Guha v. State of West Bengal, (Calcutta) : Law Finder Doc Id # 2838902
