Calcutta High Court Upholds Tribunal's Decision Against Railway Panel Cancellation
Railway Authorities' Cancellation of Promotion Panel Deemed Unjust Due to Lack of Reasoning and Procedural Fairness
In a significant judgment, the Calcutta High Court upheld the Central Administrative Tribunal's decision, disapproving the cancellation of a promotion panel by the Railway authorities. The Division Bench, comprising Justices Madhuresh Prasad and Supratim Bhattacharya, found the cancellation of the panel for Goods Guard under the Limited Departmental Competitive Examination (LDCE) quota unsustainable due to procedural lapses and non-compliance with the principles of natural justice.
The dispute arose from the Railway Authorities' decision to annul the promotion panel approved on December 8, 2022, citing vague "administrative account" reasons and alleged vigilance advice. The Tribunal had previously set aside the Railway's cancellation orders, pointing out the failure to provide proper notice or disclose the vigilance report, thus violating Railway Board's instructions (RBE No. 192 of 2019).
The court emphasized the necessity of a speaking order with clear and cogent reasons, which were absent in the Railway's decision. The High Court noted that the communication issued to candidates prior to cancellation merely indicated the cancellation decision without soliciting any response, thereby failing to afford an opportunity for the candidates to show cause.
Furthermore, the Railway Authorities' reliance on a vigilance report was undermined by their omission to disclose the report during the proceedings, which the court viewed as a significant procedural lapse. The High Court reiterated the requirement for transparency and adherence to established rules when cancelling a selection process, emphasizing that decisions must be backed by well-founded reasons.
The judgment also drew parallels with a Supreme Court ruling in Vinodan T. v. University of Calicut, underscoring the restriction against scrapping a panel of selected candidates during its validity period without substantial justification.
While dismissing the writ petition filed by the Railway Authorities, the High Court allowed the petition by Anup Mondal and Others, reinforcing the Tribunal's findings and underscoring the importance of procedural integrity in administrative decisions.
Bottom Line:
Cancellation of promotional panel by Railway Authorities without adequate reasons or compliance with principles of natural justice, including failure to give proper notice as required by RBE No. 192 of 2019, held to be unsustainable.
Statutory provision(s): Central Administrative Tribunal (Procedure) Rules, 1987, Rule 12, RBE No. 192 of 2019, Rule 228 of IREM Vol. 1.
Union of India v. Anup Mondal, (Calcutta)(DB) : Law Finder Doc Id # 2779170
