Supreme Court of India · 2006-10-10
Union Of India (Uoi) And Ors. vs Bikash Kuanar
- Citation / case number
- JT2006(12)SC578
- Court
- Supreme Court of India
- Petitioner
- Union Of India (Uoi) And Ors.
- Respondent
- Bikash Kuanar
- Author
- Dalveer Bhandari
- Bench
- S.B. Sinha, Dalveer Bhandari
Judgment text excerpt
The Supreme Court upheld the High Court's ruling that the cancellation of the respondent's appointment as Extra Development Delivery Agent was illegal, emphasizing that such appointments, once made under statutory rules, cannot be revoked by administrative review. The Court noted that the respondent had accrued civil rights after serving for one and a half years, and administrative instructions lack statutory force to justify the cancellation. Consequently, the Court directed that the respondent be reinstated within 30 days, affirming the principle that executive powers cannot override established rights under statutory provisions.