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 Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service LawPromotion-Court of Inquiry--Adverse remarks based on inquiry-Representation against remarks-Declaration 'Unfit' for promotion-Record suggesting rejection for promotion was based on overall assessment-Rejection of representation subsequent to promotion proceedings-Held promotion proceedings were not invalid.Adverse Remarks-Can be made on the basis of mere assessment of employee-Unless rule provides no enquiry or opportunity to represent is necessary before making remarks-Nature of adverse remarks-Does not cease to be adverse remarks and becomes 'severe displeasure' merely because strong language is used.Selection Committee-Non-selection of a candidate-Unless rule requires Selection Committee is not obliged to record reasons.A Court of Inquiry constituted against the appellant a Major-General, reported that as In-charge he committed serious lapses in investigating certain cases. On the basis of this report the Chief of Army Staff made remarks for being placed on appellant's service record stating that 'he failed to appreciate the nuances of cases and to apply his professional acumen and experience to the examination of cases. He failed to examine the cases in detail and to consider the major issues involved. He is to be blamed for mishandling and closing the cases and for acting in a manner which is not expected of his rank and the higher responsibility entrusted to him.' Against the said adverse remarks, appellant submitted statutory complaint to the Central Government. In the meantime the appellant, though senior most, yet was declared unfit for promotion by the Selection Board on the basis of his overall profile. Subsequent to the selection proceedings his representation against adverse remarks was rejected. Aggrieved with his denial of promotion, the respondent filed a writ petition in the High Court complaining that he was not promoted only on account of the said adverse remarks which were made against the procedure and in violation of the principles of natural justice but the same was dismissed.In appeal to this Court it was contended on behalf of the appellant that (i) the remarks were void and could not have been taken into account because in fact they were "severe displeasure" for which the authorities were bound to issue a show cause notice under a Memorandum dated 5th , January 1989 which lays down procedure for award of censure to officers; (ii) the statutory complaint preferred by the appellant against adverse remarks ought to have been disposed of before his case came up for consideration for promotion; and (iii) no particular reason has been assigned for not selecting the appellant. |
Judge | Hon'ble Mr. Justice B.P. Jeevan Reddy |
Neutral Citation | 1995 INSC 166 |
Petitioner | Major General Ips Dewan |
Respondent | Union Of India And Ors. |
SCR | [1995] 2 S.C.R. 532 |
Judgement Date | 1995-03-07 |
Case Number | 3273 |
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