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Service & Administrative LawSupreme Court of India

State of Bihar v. Chandreshwar Pathak

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 7392 of 2014)Decided 7 Aug 2014
Civil Appeal No. 7392 of 2014
Justice T.S. Thakur · Justice Adarsh Kumar Goel

Background

Chandreshwar Pathak was appointed temporarily as a Bihar police constable in 1988 on an officer's recommendation, without an advertisement or selection process. Following a review of irregular appointments, he received a show-cause notice and was dismissed in 2003. A High Court division bench ordered relief after he had served about fifteen years.

Decision Breakdown

The Court allowed Bihar's appeal, set aside the division bench's order and restored the single judge's rejection of Pathak's challenge. Public recruitment must give eligible candidates a fair opportunity to compete. Nothing showed any advertised vacancy or selection process before his appointment, so the appointment lacked constitutional protection and could be terminated. Long service did not cure that defect. The earlier case followed by the division bench was distinguishable because it concerned termination without a show-cause notice, whereas Pathak had been given notice and an opportunity to reply.

Lesson Learnt

Years of service do not validate a public appointment made without fair recruitment. Applicants should rely on a lawful advertised selection process, rather than an official's personal recommendation.

State of Bihar v. Chandreshwar Pathak – Legal Case Shots | LegalAware