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 Law : Assistant Director General (Prevention of Food Adulteration}-Recruitment to-Requisition to Union Public Service Commission-Whether Government can withdraw before process of selection commences. The Union Government sent a requisition to the Union Public Service Commission for selection of a candidate to the post of Assistant Director General (Prevention of Food Adulteration) in the Ministry of Health and Family Welfare which, under the extant rules, was to be filled in only by direct recruitment. However, before the Commissioncould advertise the post, the Government informed it not to proceed with the process of selection as it was examining to fill up the post bypromotion of Assistant Secretary. But inspite of this, the commission advertised the post and the appellant was called for an interview where-upon Respondent No. 1, an Assistant Secretary who was expecting her promotion to the. post on amendment of the rules, obtained an interimorder from Central Administrative Tribunal, staying the process of selection initiated by the Commission. The appellant, feeling affected bythe said order, unsuccessfully moved the Tribunal for impleadment. Meanwhile two further layers above that of Assistant Secretary, thoughin higher pay-scales but with no separate designations, were created by an amendment of rules in pursuance of this Court's direction. TheTribunal disposed of the application directing to provide promotional avenues to Respondent No. 1 who, while functioning as Assistant Secretary, had also occasionally held the charge of Assistant Director General. Aggrieved, the appellant preferred the appeal by special leave to thisCourt. It was contended by the appellant that once the process for selection had started, it was not open to the Government as well as to theTribunal to freeze the process and the Commission was entitled to complete the selection; and that the fact of creation of two layers by the amendment of the rules was wrongly overlooked by the Tribunal. |
Judge | Honble Mr. Justice A.M. Ahmadi |
Neutral Citation | 1992 INSC 1 |
Petitioner | D.r. P. K. Jaiswal |
Respondent | Ms. Debi Mukherjee And Ors. |
SCR | [1992] 1 S.C.R. 1 |
Judgement Date | 1992-01-07 |
Case Number | 138 |
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