Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Selection and appointment – Post of Director General of Police (Head of Police Force) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 Referred Case 14 Referred Case 15 Referred Case 16 Referred Case 17 Referred Case 18 Referred Case 19 Referred Case 20 Referred Case 21 Referred Case 22 Referred Case 23 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service law: Selection and appointment – Post of Director General of Police (Head of Police Force) – Appointment of respondent No.4 as DGP (HoPF) by the Governor of Punjab – Tribunal set aside the selection on the ground that preparation of the panel for selection of DGP (HoPF) for the State of Punjab was in contravention of the Prakash Singh’s case – High Court set aside the said order – On appeal, held: Courts in exercise of power under judicial review do not interfere with selections made by expert bodies by reassessing comparative merits of the candidates – Interference is restricted to decisions vitiated by bias, mala fides and contrary to statutory provisions – Preparation of panel for appointment as DGP (HoPF) for the State of Punjab, by the Empanelment Committee is in compliance of the Draft Guidelines, in conformity with the directions issued by this Court in Prakash Singh’s case – Panel was prepared after taking into account the relevant considerations as directed by this Court in Prakash Singh’s case – No irrelevant consideration prompted the decision – Preparation of the panel by the Empanelment Committee cannot be said to be irrational and unreasonable – Also tribunal erred in holding the decision of the Committee as arbitrary in the absence of reasons – Furthermore, allegations based on assertion of bias and prejudice need not be gone into – Thus, no error committed by the High Court in setting aside the judgment of the tribunal and upholding the selection and appointment of respondent No.4 as DGP (HoPF), State of Punjab – Judicial review. |
Judge | Hon'ble Mr. Justice L. Nageswara Rao |
Neutral Citation | 2021 INSC 731 |
Petitioner | Mohd. Mustafa |
Respondent | Union Of India & Ors. |
SCR | [2021] 11 S.C.R. 163 |
Judgement Date | 2021-11-16 |
Case Number | 6905 |
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