National Technical Research Organisation Govt of India & Ors. v. Sandeep

“9. We deem fit and proper to dispose of all the OAs with the directions that provisional offer of appointment is made absolute, however, subject to stipulation that the same shall be subject to the outcome of the enquiry, if any, against any particular individual. 10. We also clarify that any findings qua the applicant(s) herein and the similarly situated where there any adverse finding in enquiry, the same shall always be open to challenge without prejudice to the right and contention of the either parties who may seek appropriate relief(s) by way of appropriate remedy at the appropriate stage. 11. In view of the above, we further direct the respondents to issue a provisional offer of appointment to all the applicants and similarly placed candidates preferably within 30 days from the date of receipt of a certified copy of this order with a rider that the same shall be subject to outcome of enquiry, if any. It is expected that final decision shall be taken by the respondents authorities qua the Enquiry Report within 60 days from today. It is also made clear, in the event the enquiry found in favor of the applicant or similarly situated person(s), the said provisional offer shall culminate into issuance of the final offer of appointment within 45 days from the date of acceptance of enquiry report. Further in the event, the respondents are to take administrative/departmental action based on the enquiry report, needless to say a show cause notice shall be given before passing any adverse order of cancellation of provisional offer of appointment qua any candidate. The consequential benefit(s) shall flow on a notional basis at par with the last candidate selected in respective category. The present OA stands disposed of. Associated MA(s) also stands disposed of. No costs.”