Apex Court Rules Non-Preservation of Recruitment Records Not Grounds for Adverse Inference Against Employer
In a significant ruling, the Supreme Court of India has set aside the Central Administrative Tribunal’s directive that mandated the appointment of certain candidates to the post of Plant Attendant at Durgapur Steel Plant, a unit of the Steel Authority of India Limited (SAIL). The verdict was delivered by a bench comprising Justices Pamidighantam Sri Narasimha and Alok Aradhe, who adjudicated on appeals arising from a judgment by the Calcutta High Court.
The case revolved around recruitment notifications issued in 2007 and subsequent selection processes that saw the appointment of several candidates to the said posts. A group of respondents, dissatisfied with the recruitment process, had approached the tribunal, which in 2018 directed the employer to offer appointments to them, citing non-disclosure of examination marks and alleged arbitrariness in the selection process.
The Supreme Court, however, found that the non-production or destruction of the selection process records did not inherently imply mala fide intent or arbitrariness on the part of the employer, especially in the absence of any rule mandating the preservation of such records. The Court also emphasized that merely appearing on a select list does not confer an indefeasible right to appointment.
While acknowledging the prolonged litigation faced by one of the respondents, the Court awarded a compensation of Rs. 5,00,000 to him, considering the unique circumstances of the case. The appeals were thereby disposed of, with no further costs imposed.
Statutory provision(s): Article 14 of the Constitution of India
Durgapur Steel Plant v. Bidhan Chandra Chowdhury, (SC) : Law Finder Doc id # 2894408
