Legal Question in Administrative Law in India

Can an employer in a public office become a candidate to be employed at a lower level in the same office/institute? Here the candidate happens to be a statutory member of the selection committee,a statutory member of the Board(The appointing authority) as well as the Chief Executive Officer of the organisation in regular official capacity. Consequently, can one person hold two regular positions(and not under any stop gap arrangement) in regular capacities in the same office. If yes/no under what provisions under the law?


Asked on 7/11/13, 11:17 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

12.07.2013

Dear Sir / Madam,

Just as a person in employment / service in any private business set-up can offer his / her services to serve in the private organization, even after his / her retirement; it being left to the Management to decide on his / appointment. In the same manner, the candidate who happens to be a statutory member of the selection committee, Board, and the CEO in public office, can offer his candidature vide an application to the selection committee, to be employed at a lower level in the same office / institution. The fundamental constitutional rights as a Citizen of India and the principle of natural justice will apply.

Regards,

Read more
Answered on 7/11/13, 11:26 pm


Related Questions & Answers

More Administrative Law questions and answers in India