Departmental promotion commitee
pradeep kumar
(Querist) 05 October 2011
This query is : Resolved
Kindly give me latest decisions of the Hon'ble Apex court on DPC proceedings in respect of Government of India employees.
I would like to add: One official challenged DPCs decision at the CAT and the CAT allowed the OA. We now want to challenge the decision of the CAT in the Hon'ble High Court. So, we require some decisions of the Apex court upholding the sanctity of DPCs decisions.
ajay sethi
(Expert) 05 October 2011
what are the facts of your case?
ajay sethi
(Expert) 05 October 2011
1)Union of India vs. K.V. Jankiraman AIR 1991 SC 2010
Supreme Court judgment in the case of K.V. Jankiraman (supra); the ratio of this judgment has been clearly brought out in paragraph-6 of the ibid decision, which states:
“6..............the promotion etc, cannot be withheld merely because some disciplinary/criminal proceedings are pending against the employee. To deny the said benefit, they must be at the relevant time pending at the stage when charge-memo/charge-sheet has already been issued to the employee.”
2)Coal India Limited and Ors. Vs. Saroj Kumar Mishra AIR 2007 SC 1708.In the case of Saroj Kumar Mishra (supra), the ibid decision relates to a case where promotion to an employee was denied because an inquiry against him was under progress; pragraph-25 of this judgment as noted, brings out the ratio of this important decision.
“Even, in such a case, the Employer is not in a helpless situation. Despite such promotion if the delinquent employee has suffered
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punishment, subsequently, appropriate steps may be taken on the basis thereof.”
By implication, the ratio suggests that any employee could be promoted even when a case was pending against him, rather than putting his promotion on hold until he is proved guilty or otherwise.
prabhakar singh
(Expert) 05 October 2011
Its much enough and needs nothing more.
R.Ramachandran
(Expert) 05 October 2011
Dear Pradeep Kumar,
You have to come up with your factual situation instead of asking such vague questions.
Raj Kumar Makkad
(Expert) 05 October 2011
Various citations are available in favour and against but you should disclose what is your requirement.
Sailesh Kumar Shah
(Expert) 05 October 2011
If you would not tell,then visit www.indiankanoon.org for lots of Judgements.
Guest
(Expert) 07 October 2011
Each and every case judgment does not apply equally on all types of irregularities in DPC. All judgments are made on different criteria, circumstances and merits of individual cases.
You will therefore have to specify what type of irregularity you could find in the DPC, which you would like to challenge.
