Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law - Promotion - |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service law - Promotion - Departmental Promotion Committee (DPC) - Recommendations of - Challenge to - Respondent no. I, DIG in Indian Coast Guard Service - Promotion sought to the post C of Inspector General - Recommendations of the DPC - Writ petition by respondent no. I challenging the said recommendations as illegal, arbitrary and conducted on the basis of selection policy, framed a month prior to the holding of the Selection Board, CGO 02109 superseding CGO 02105; and that the Director General endorsed ACR of respondent no.I, for the period from OI.02.2008 to D 1I.01.2009, in spite of not having observed the performance of the incumbent for a mandatory period of 90 days - High Court held that it was illegal to conduct the DPC on the basis of the ACRs criterion reflected in CGO 02/09; and that as three months had not been completed by respondent no.2, the DGICG was not competent E to write the ACR and to act as Reviewing officer - High Court ordered promotion to the rank of JG on "Relative Merit Based Selection" within the eligible batch of officers - On appeal, held: Rules which were in existence, when the vacancies arose, should be taken into consideration until and unless otherwise spec(fically so decided - Posts in question had been created only in the year 2009 - There was no delay in calling DPC - CGO 02/09 which was issued after exercise of 4 years was in force - Thus. the High Court erred in holding that the CGO 02105 should be applied and complied with, particularly, when the date of DPC was 23.07.2009 - It is the date of DPC which matters and the procedure which is prevalent on the date on which the DPC is held is applicable - Thus, the provisions contained in CGO 02109 would hold the field and DPC was rightly held as per instructions relating to ACRs contained in CGO 02109 - Furthermore, the previous incumbent had retired and thus, was not available to write the review - Review could be undertaken in the |
Judge | N/A |
Neutral Citation | 2017 INSC 1294 |
Petitioner | Union Of India & Anr. |
Respondent | K. P. S. Raghuvanshi & Ors. |
SCR | [2017] 4 S.C.R. 263 |
Judgement Date | 2017-05-11 |
Case Number | 13776-13777 |
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