Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India 1950: Art. 226 - Writ jurisdiction of High Court |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India, 1950:Art. 226 - Writ jurisdiction of High Court - Scope of - Held: High Court under Art. 226 cannot sit in appeal over the assessment made by DPC - If the assessment made by DPC is perverse or is not based on record or proper record has not been considered by DPC, it is always open to High Court under Art. 226 to remit the matter back to DPC for recommendation, but in the absence of Character Rolls of other candidates, who were also in the zone of promotion, it is not open to High Court to assess the merit of one individual who approaches it and direct to promote such person to higher post.Administrative Law:Bias - Held: Bias and malafide acts can be adjudged only on the basis of evidence - Assessment of Character Roll by one or the other officer, giving a general grade such as 'Good' cannot be the sole ground to hold that the officer was biased against the person whose CR is assessed - In the instant case, merely because the Accepting Officer assessed the ACR of respondent as 'Good' as against assessment of 'Very Good' made by initiating Officer, it cannot be said that he was biased against respondent.Service Law:Promotion - Border Security Force - Promotion to post of Additional DIG - Criterion - Merit-cum-seniority - DPC having not found respondent fit, not recommended him for promotion - Plea of respondent that though Initiating Officer and Reviewing Officer rated him as "Very Good" for two years, Accepting Officer, malafide, down-graded him to 'Good' - Writ petition allowed by High Court - Held: Selection to the post of Addl. DIG is based on merit-cum-suitability which is to be adjudged on the basis of ACRs of different candidates - The merit position can be adjudged by Selection Committee on appreciation of their Character Roll - No ground has been made out by respondent to show as to why the assessment made by DPC is not to be accepted - High Court failed to notice the said fact and wrongly discarded the assessment made by DPC. - Findings of the judgment passed by High Court cannot be upheld and the same is accordingly set aside - Guidelines on the Departmental Promotion Committees and related matters issued under DOP&T OM dated 10.4.1989 - Para.1.2. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2014 INSC 436 |
Petitioner | U.o.i |
Respondent | S.p. Nayyar |
SCR | [2014] 6 S.C.R. 116 |
Judgement Date | 2014-06-30 |
Case Number | 5852 |
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