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Supreme Court of India 2018-03-13 allowed

Union of India and Anr vs Raghuwar Pal Singh

Bench: 3 — A.M. Khanwilkar

In Brief

This appeal addresses whether an appointment made without competent authority approval constitutes a nullity or mere irregularity requiring a hearing before cancellation. The respondent was appointed as a Veterinary Compounder by an officer lacking statutory authority to do so and without mandatory Ministry approval. The appointment was later cancelled. The High Court quashed the cancellation, holding that natural justice required a hearing. The Supreme Court reversed the High Court, holding that an appointment made without statutory authority is void ab initio. Since the appointment was a nullity lacking lawful foundation, principles of natural justice do not apply to its cancellation, and no hearing was necessary. The Court restored the Tribunal's dismissal of the original application.

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Constitutional Law Administrative Law Natural Justice Statutory Appointments Recruitment and Selection Nullity vs. Irregularity

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