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Shaher yar   26 December 2023

Cancellation of appointment order

Greetings to all .

Can appointment order issued be cancelled on the basis of past antecedents after 1 year ? 

Client was involved in anti national activities. He surrendered and started life as normal citizen. He was appointed as Daily Rated Worker by government and was regularised after 20 years . Appointment order was issued. But after 1 year it was cancelled on the basis of anti national activities 20 years back? 

Does issuance of appointment order create estoppel against government? 

 

Can appointment order be issued without hearing other side or following PNJ ? 

 

Does any right accrue in favour of person 



Quick Summary
This discussion explores whether a government appointment order, issued after a long period of service, can be cancelled over a year later based on past anti-national activities. It questions the validity of such cancellations, especially if the individual has since reformed and served the government. The core issues revolve around estoppel, the right to a hearing, and whether past conduct can override a formal appointment.

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     26 December 2023

If the reports about the character and antecedents of the candidate who was appointed to the government post is adverse and against the laws of recruitment, then the decision taken by the competent authority tio cancel the candidature or dismiss the candidate without any benefits cannot be challenged, especially if this matter was suppressed by the candidate in his appplicaiton for employment. 

Dr. J C Vashista (Advocate )     27 December 2023

The action of appointing authority is valid. 

Sudhir Kumar, Advocate (Advocate)     28 December 2023

participation in anti national activity is otherwie good groundfor dismisal withuot chargeshet and inquiryeven if he is a permanent govt servant.


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