Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Administrative Service promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law:Indian Administrative Service (Appointment by Promotion) Regulations, 1955; Regulations 2(1)(a), 3, 5 and 7:Promotion - Selection by promotion of Officers of State Civil Service to Indian Administrative Services - Selection Committee recommending names of candidates to Central Government for consideration - Challenged by unsuccessful candidates alleging malafide, arbitrariness in selection by a Selection Committee not properly constituted - Reversed by High Court - On appeal, Held: The Court cannot sit as an appellate authority to examine recommendations of a Selection Committee except on ground of malafides/violation of Statutory rules - Allegation of malafide against Chairman/Member not substantiated - Though Divisional Commissioner, one of the members, nominated in the Selection Committee but not included in the selection process as the said post was abolished by State Government - But in the absence of a member, the Committee cannot be said to be not properly constituted in terms of provisions under regulation 3 - Tribunal wrongly set aside the selection of two candidates on grounds that Annual Confidential Report was written after lapse of period of two years - Tribunal lost sight of the fact that the rules in connection thereof were repealed permitting consideration of A.C.R. written after the due date/prescribed time period - Moreover, a candidate should not suffer for the lapses on the part of Reporting/Reviewing Officer - Normally, Selection Committee abide by the assessment made by reporting /reviewing officer - However, it could make its own assessment in terms of guidelines issued by the Commission and also taking into consideration various factors relating to performance of the candidates - Thus, review of assessment in respect of some candidates fully within the competence of the Committee - Hence, High Court was right in upholding the recommendations made by the Committee - Performance appraisal - Delay in writing by Reporting/Reviewing Officer - Karnataka Civil Services (Performance Reports) Rules, 1994; rr.6, 8 & 11/Karnataka Civil Services (Performance Reports) Rules, 2000; r.13.State Government of Karnataka constituted a Selection Committee to recommend candidates amongst the Non-State Civil Service Officers of Government of Karnataka to the Indian Administrative Service of Karnataka cadre. The Committee recommended the name of eight candidates. The selection was challenged by the unsuccessful candidates before the Central Administrative Tribunal on grounds of malafide and arbitrariness. The Tribunal set aside the recommendations of the Selection Committee holding that the Selection Committee without application of mind had awarded marks to the selected candidates in a discriminatory manner; and that the Selection Committee was not properly constituted as per the provisions of Regulation 3 of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955. Aggrieved by the order of the Tribunal selected candidates and also Union Public Service Commission filed writ petitions before the High Court. A Division Bench of the High Court held that the allegation of mala fide leveled against the Member of the Commission and Chairman of Selection Committee was not well founded; and that the Selection Committee was properly constituted and the Committee did not act in arbitrary or discriminatory manner while awarding the marks to the selected candidates. Hence, the present appeals and Contempt Petition. |
Judge | Hon'ble Mr. Justice A.K. Mathur |
Neutral Citation | 2007 INSC 1294 |
Petitioner | M.v. Thimmaiah & Ors. |
Respondent | Union Public Service Commission & Ors. |
SCR | [2007] 13 S.C.R. 624 |
Judgement Date | 2007-12-13 |
Case Number | 5883 |
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