Supreme Court · 2001 INSC 478 · Decided 3 October 2001
Union of India v. Ashutosh Kumar Srivastava and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 478 · [2001] SUPP. 3 S.C.R. 488
- Case number
- CIVIL APPEAL No. 1567/1996
- Decided
- 3 October 2001
- Bench
- S. RAJENDRA BABU, DORAISWAMY RAJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Evidence Act
Headnote
Service Law : Interview-Non-selection-Allegation of ma/a.fide-Bias of Sele~tion Committ~e not proved-Tribunal sitting in Judgment overinterview and allotting marks-Correctness of-Held, not correct. Mala.fide-Allegation of-Burden to prove-Held, is on the person who alleges-There is always powers in good faith and for public benefit~Evidence Act-Presumption.' Respondent No.1 having failed in viva voce test conducted by Selection. Committee, was not selected for the post in question. He flied application before Central Administrative Tribu_nal alleging malafides against the
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