file writ petition in HC to set aside order for cancellation of your appointment
2) enclose copy of correspondence exchanged with CBEC
3) contact a local lawyer
Cancellation of apointment
I have been selected as a tax assistant in CBEC through SSC (CGLE 2014).I have been called for document verification & medical test in the month of September 2016 Ist week in Mumbai.The document verification & medical done on 6th sep. 2016 and report submitted on the same day. During submitting the report I have been told that appointment letter will be sent to u by post. In this connection I have contacted the said office telephonically several times but they told we will sending u a letter of appointment. On 5/8/2017 I wrote a letter but not received any reply. On january 2018 also send a reminder & on 20/3/2018 fax . On 23 /3/2018 I personally visited the CBEC office in Mumbai & come to know that my appointment was cancelled in March 2017. I have been told that appointment letter was sent tou on the same day through speed post i.e 6/9/2016 on which day I submitted the document/medical at 5.30pm but the same was not delivered to me. I asked them to show me speed post detail but they failed to show the same. Now what should I do & how can I revive my job. M.S.Negi Delhi
Asked 6 years ago in Labour
13 Answers
1) You can file case against whole department whoever is involved in it under section fraud, misrepresentation and Abetment.
Section 17 & 18 in The Indian Contract Act, 1872
17. "Fraud"
18. “Misrepresentation”
Section 107 in The Indian Penal Code
107. Abetment of a thing
You need to file a writ petition in the Delhi High Court in this regard with all the detail to pass the order. This is the way left out now. If you are in UP then Allahabad High Court have the jurisdiction.
Dear Client,
On what note/reason your appointment is cancelled.
Without any delay file writ in High Court, Rest can be advise on knowing reason of cancellation.
Looks like your appointment has been cancelled by them arbitrarily, without giving you an opportunity of hearing and even before you could join your services.
File a writ in the High Court in the present matter and challenge the cancellation of your appointment.
Contact a local advocate having experience of handling service disputes.
If they have send you appointment letter by speed post then to receive it, a post document must be signed which the postman collects as acknowledgement receipt. If no one is at home, they the postman will drop a message in writing that you have to visit the post office without a specified date and time with address proof to collect the letter. Again the postman visits more than one time to deliver the letter. If still the letter remains undelivered then the letter is sent back to the address from where it was sent.
This is the formal rule.
You can visit the post office to get information if there where was any such letter sent to you address or not on the date mentioned by the office. If they have past documents/digital information then they can help you to know.
In writing you can send a letter to the office in this regard, mentioning about the telephonic conversation. Do you have details of the telephonic conversation??
File a writ before Hon'ble high court on arbitrary action of CEBC you should file writ promptly and attach all the copies of document related to exam selection process and your communication with the department.
After admission of your petition the high court shall call upon cebc and they will asked to produce relevant postal details if they fails to produce relevant record than the court shall pass direct department to revive your employment.
The above advise is based on facts stated by you further merits can be decided after perusing the record. In my advice hire a lawyer get the writ filed on Monday you should not further waste time already a lot of it is being wasted this can effect you case.
1. You have already sent them several letters raising query about your appointment letter but in vein.
2. Get the confirmation from the authority directly through RTI channel about cancellation of your appointment.
3. Thereafter file a Writ Petition against the CBEC for illegally cancelling your appointment letter without informing you about the said cancellation and also the reason for the same praying for withdrawing the said cancellation letter and issue the appointment letter to you.
There are two possibilities.
A. Until you have the official records of reasons for rejection of candidature or for cancellation of appointment, approaching the Court might be premature. Therefore, file an Application under the Right to Information Act. RTI to CBEC can be made online through the official website of the Government of India at http://www.rtionline.gov.in. Make an RTI Application giving complete details of your examination registration number, marks scored etc. Ask for the steps taken by recruiting authority pursuant your medical test, the final decision take by the authority on your appointment, a copy of the final decision and the date when the decision was taken and communicated to you along with speed post/registered post consignment no. If the decision was arbitrary or unreasonable or negligence in informing you about the decision, it'd make sense to approach the Court possibly by way of a Writ Petition (that would depend on the reasons for depriving you of the appointment).
B. There is another possibility too, though. If CBEC has already scheduled to fill in the vacancies, waiting 30 days for RTI reply may be risky if they fill in the vacancy. In that case, it'd be better to file a Writ Petition before the High Court and CBEC may appear and answer that. Also, if the vacancy has not been filled yet but CBEC is in the process of filling the vacancy, it'd help in obtaining a stay order against appointment till your case is decided.
You may first get the information through RTI act.
Collect all the details including the reasons for rejecting your candidature.
If there are reasons for your grievances then you may fight it out through court of law for relief and remedy.
Please approach high court immediately before that send a legal notice asking them explanation for not giving you appointment letter.
Thereafter approach high court alleging mass irregularities in appointment and to stay further appointment of other beneficiaries till disposal of case. Also seek direction from court to appoint you in the post for which you are selected.
You can write the same to HOD or their grievance cell with all evidence. You can also Complaint about the same to the concerned officer who is incharge of the officer you are corresponding with. They need to provide you the information. If they have cancelled your appointment illegally then you can file writ petition in HC
Hello,
Immediately file a RTI to get the details officially.
After that file a writ in the High Court in order to get the required order.
If someone has been appointed in your place then you will have to file writ for cancellation of such appointment.
Regards
