Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Appointment by promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Appointment by promotion – Respondent wasappointed as Deputy Superintendent of Police in the State – Thenames of the officers which were to be considered for appointmentto the IPS included the name of respondent – On an oralassessment of her service records, the Selection Committee did notinclude her in the select list of 2008 – Aggrieved, respondent filedapplication before CAT, which was allowed – Judgment of CAT wasconfirmed by the High Court – Appellant-UPSC contended that bothCAT and High Court erred in taking into consideration the AnnualConfidential Reports from 01.04.2003 to 31.03.2008 – On appeal,held: The IPS regulations and the guidelines framed therein by theCentral Government are to be applied jointly at the time of makingthe selection list – Selection Committee was to consider theperformance of the officer i.e., the service records including thelast five years, preceding the year for which the selection list is tobe prepared as per the guidelines – As crucial date for determiningthe eligibility of the officers is 1st January of the particular yearfor which selections are made, the Annual Confidential Reports uptothe year ending 31st March of the year preceding the year ofselection list are to be taken into account as per the Guidelines – Ininstant case, the selection list was to be prepared for the year 2008– Crucial date for reckoning the eligibility of the officers in thematter on hand was 1st January, 2008 – Accordingly, the AnnualConfidential Reports upto the year ending 31st March, 2007 i.e.,the year preceding the year of the selection list, were to be takeninto account – Accordingly, only the Annual Confidential Reportsof five years upto the year ending 31st March, 2007 are relevanti.e. Annual Confidential Reports from 01.04.2002 to 31.03.2007needed to be taken into account at the time of selection – The same was being rightly done by the Selection Committee in the matter onhand – Both CAT and High Court misdirected themselves andconsidered Annual Confidential Reports from 01.04.2003 to31.03.2008 – Further, the Selection Committee constituted by theUPSC is manned by experts in the field, one have to trust theirassessment unless it is actuated with malice or bristles with malafides or arbitrariness – In the instant case, neither the decision northe decision making process was actuated with malice, and no gravemistake was committed by the Selection Committee leading toarbitrariness – The selection was made rationally – IPS(Appointmentby Promotion) Regulations, 1955. |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2018 INSC 335 |
Petitioner | Union Public Service Commission |
Respondent | M. Sathiya Priya And Others |
SCR | [2018] 6 S.C.R. 701 |
Judgement Date | 2018-04-13 |
Case Number | 10854 |
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