Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Promotion |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Promotion – Manipulation of the system to giveout of turn promotion – Respondent no.1 was appointed as Asstt.Engineer in PWD on 30.09.1996, thereafter, he was promoted tothe post of Asstt. Executive Engineer in the year 2002 – Subsequently,a post for ex-cadre Executive Engineer was created and respondentno.1 was promoted to the said post by notification dated 02.04.2005– Later, respondent no.1 was granted regular promotion byencadering him as Executive Engineer on recommendation of theselection committee on 27.07.2005 – It was alleged that there wereonly 10 vacancies for Executive Engineer and the Selection Boardhad wrongly assessed that there were 13 vacancies, and respondentno.1 was favoured and given 13th position in select list, after whichhis encadrement was recommended – Writ petition – Single Judgeof the High Court held that encadrement of respondent no.1 to thepost of Executive Engineer was illegal and respondent no.1 wasguilty of committing fraudulent acts in getting his promotion to thepost of Executive Engineer which was contrary to the Service Rulesas he had not put in minimum of five years of service – Single Judgealso held that the Selection Committee erred in holding the numberof vacancies as 13 against 10 – Division Bench of High Court setaside the order of the Single Judge and dismissed the writ petitionon the ground of delay and laches – On appeal, held: The findingsof the Single Judge of the High Court were correct – It was a caseof fraud on three counts – First, by creating ex-cadre post ofExecutive Engineer only for respondent no.1 and giving him thatpost when he was much junior to many others – Second, encadrementof respondent No.1 as Executive Engineer by showing that therewere 13 posts when, in fact, there were only 10 posts of ExecutiveEngineer on that date and that was done with the purpose ofaccommodating respondent no.1 – Third, the promotion was given when respondent No.1 was not even eligible as per Rules as he hadnot put in minimum service of 5 years – Fraud cannot be ignoredon the ground that the action challenged was belated and whenthere was a reasonable explanation for such delay – Thus, judgmentof the Single Judge of the High Court restored. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2018 INSC 977 |
Petitioner | Ajit Kr. Bhuyan And Others |
Respondent | Debajit Das And Others |
SCR | [2018] 13 S.C.R. 1012 |
Judgement Date | 2018-10-23 |
Case Number | 10662 |
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