Whether change in cat members affect the final judgment
Querist :
Anonymous
(Querist) 06 January 2012
This query is : Resolved
I filed case aginst the big Institute in which the organisation has offerd the post to one candidate in year 2006 without any notification, without conducting selction process and without Giving any Opportunity to other candidates including me( when I worked there on adhoc basis). I have made the employee as party and argued the matter in person and relied upon the judgements given by apex court which has categorically has said that subsequent post cannot be filled the filled from the exhausted panel and all fresh vacancies needs to be advertised The lerned counsel of the respondent organisation has submitted that the Pvt respondent has not filed the reply and neess to be adjourned..The Bench rejected the plea and thereafter has falsely submitted that employee was appointed aginst the notified post which was agin rejected as I had attached the true copy of the recruitment file.....Therafter, the bech has passed an order and affirmed that employee was appointed aginst non notified posta and has not undergone any selction process and has given 2 days time to bring records before Bench or seek instructions after verification of records..The matter is now listed agin but the Hon'ble members has now been changed whether change of members will affect the final Judgment???
Devajyoti Barman
(Expert) 06 January 2012
Change of member or judge during the pendency of a case does not make any difference except that the new judge or quasi judicial member may hold another point of view.
Chanchal Nag Chowdhury
(Expert) 07 January 2012
The orders passed are in aid of the final relief & is not binding at the time of passing of the final order.
Deepak Nair
(Expert) 07 January 2012
Rightly advised by experts.
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