Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law : Judicial Officer-Promotion-State of Maharashtra-Civil Judge, Senior Division-cum-Chief Judicial Magistrate-Consideration for promotion as Additional District Judge-Judgment Scrutiny Committee categorising the officer as Grade 'A '-Confidential record. good-No adverse remarks ever conveyed to him-Performance at interview good-Name included in select list for promotion as Additional District Judge-However, name of officer excluded by full court from the final list sent to Government for appointment-Writ petition filed by the Officer allowed by Division Bench of the High Court, holding that in the absence of any material Placed before it, decision of High Court in excluding the name of the officer suffers form lack of consideration or application of mind to relevant criteria for promotion and the decision was clearly violative for Articles 14 and 16 of the Constitution of India-Appeal-Meanwhile officer superannuated-Held D(vision Bench was right in recording the findings-Appeal dismissed so that the officer may be promoted notionally to the post of Additional District Judge and may get pensionary benefits on that basis-The question whether it was not necessary either to record any reason in the Minutes of the Full Court meeting or to disclose those reasons to the Court on the judicial side, left open to be decided in appropriate case-Constitution of India-Articles 14 and 16. |
Judge | N/A |
Neutral Citation | 1998 INSC 14 |
Petitioner | The State Of Maharashtra And Ors. |
Respondent | Pratapsingh Dayal Singh Rajput |
SCR | [1998] 1 S.C.R. 109 |
Judgement Date | 1998-01-13 |
Case Number | 6224 |
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