Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | An Officer junior to him was one of the promoted officers Service Laiv: Promotion - To the rank of Lieutenant General in Indian Army - Respondent considered for promotion by Special Promotion Board (SPB) but not empcmelled |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service LawPromotion - To the rank of Lieutenant General in IndianArmy - Respondent considered for promotion by Special PromotionBoard (SPB) but not empanelled, An Officer junior to him was oneof the promoted officers - Pursuant to his statutory complaint,, hisassessment in one of the relevant ACRs was expunged - It wasdirected that he be considered for promotion - He was consideredby review SPB, but even then not em panelled for promotion - Respondent approached Armed Forces Trilnmal - Tribunal quashedthe proceedings al Review SPBĀ· on the ground tlwt it had allottedwrong Board marks to the respondent - On appeal, held: ReviewSPB is nothing but extension of original SPB - Respondent wassupposed to be considered on the same parameters as if he wasparticipating in promotion process undertaken by original SPB - The criteria adopted by original SPB in awarding board marks werenot adopted by the Review SPB - Had the Review SPB adopted thesame criteria, the respondent would have got higher marks thanthe last promoted officer - Projection ol wrong facts before theBoard Members in respect of CR merit of the respondent also resultedin award ~/'lesser marks by the Review SPB. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 1095 |
Petitioner | Union Of India And Others |
Respondent | Maj. Gen. Manomoy Ganguly. |
SCR | [2017] 11 S.C.R. 61 |
Judgement Date | 2017-11-10 |
Case Number | 17535 |
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