Summary
The Supreme Court upheld cancellation of a Veterinary Compounder appointment made without essential prior approval of the competent authority. The appointment was a nullity, not a curable irregularity, and created no right to continue in service. On the undisputed facts, a prior hearing would have been futile. The cancellation described the illegality of the appointment without imputing misconduct to the appointee. The High Court’s reinstatement order was reversed and the Tribunal’s dismissal of the employee’s application restored.
Issues
- Whether absence of essential prior approval rendered the appointment void or merely irregular.
- Whether cancellation required a prior hearing or amounted to stigmatic termination.
- Whether the stated cancellation reason sustained the order despite additional matters discussed by the Tribunal.
Held
- The applicable recruitment rules and instructions required an authorised officer and prior competent-authority approval. Even assuming the officer could issue appointment letters, he could not do so without that approval. Its admitted absence rendered the appointment void and a nullity, rather than a merely procedural irregularity. (¶¶ 15, 16, 17, 18, 22, 24, 25, 26)
- The cancellation order identified the illegality of appointment and absence of approval without reflecting adversely on the appointee’s conduct. It was termination simpliciter on that basis. On these admitted circumstances, a hearing could not validate the appointment and was unnecessary as an exercise in futility. This conclusion was expressly tied to the void appointment and did not dispense generally with natural justice in service matters. (¶¶ 15, 17, 19, 20, 22, 23, 27)
- The High Court failed to assess the efficacy of the central reason actually stated in the cancellation order. The Ministry decision was incorporated by reference, and the Tribunal’s consideration of additional matters did not invalidate an otherwise sufficient stated ground. The reinstatement decision could not stand merely for want of notice while that ground remained valid. (¶¶ 18, 22, 23, 28, 30)
Result
Union appeal allowed without costs. High Court judgment set aside and Tribunal dismissal of the employee’s original application restored, sustaining cancellation of appointment.