on art-233(2)

Apurva Kumar (Querist) 08 February 2010 This query is : Resolved
1. whether an APP/APO is barred under art 233(2) of consti for appointment as ADJ?
2.whether an APP/APO regular cadre appointment constitute services mentioned under art-233(2)
3.the candidate of mine while applying for the post of ADJ took permission from Dist Judge the authority concern and also mentioned in the form of ADJ that presently he is APP/APO and yet received the admit card and finally was selected and now a case is pending in high court why not he be removed from service as per Art-233(2)?
4. kindly giv case law also if any possible?

Regards
Adv.Apurva.

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Raj Kumar Makkad (Expert) 09 February 2010
1. Yes he is barred untill he remains in the cadre.

2. yes.

3. The provisions were overlooked while applying and sending the admit card.

4. No specific/relevant case law is within reach at this stage.

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