LAKHWINDER SINGH versus UNION OF INDIA & ORS.

LAKHWINDER SINGH versus UNION OF INDIA & ORS.

Suggestions by Special Selection Board are recommendatory and may be varied or interfered with by Appointing Authority; on comparative assessment of profiles and available vacancies, petitioner was graded 'unfit', and Central Government's decision was free from bias and based on service records; no interference with High Court's judgment is warranted.

Parties
Petitioner: Lakhwinder Singh; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
10 July 2008
Procedural Posture
Special Leave Petition (civil) / Appeal From Delhi High Court Decision in W.p. (c) No. 899/2006
Outcome
Special Leave Petition dismissed
Legal Topics
Promotion in Army, Appointing Authority Discretion, Recommendations by Selection Board
Service Law Promotion in Army Appointing Authority Discretion Recommendations by Selection Board

Case Brief

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Parties

Lakhwinder Singh

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Special Leave Petition (civil) / Appeal From Delhi High Court Decision in W.p. (c) No. 899/2006

Legal Issues

  1. 1 Whether rejection of recommendations by Special Selection Board for promotion is arbitrary and unlawful
  2. 2 Whether the Appointing Authority can vary or interfere with recommendations of Special Selection Board
  3. 3 Whether denial of promotion violated rules or established procedure

Ratio Decidendi

Suggestions by Special Selection Board are recommendatory and may be varied or interfered with by Appointing Authority; on comparative assessment of profiles and available vacancies, petitioner was graded 'unfit', and Central Government's decision was free from bias and based on service records; no interference with High Court's judgment is warranted.

Court Disposition

Special Leave Petition dismissed

Orders

  • No interference with High Court judgment
  • No order as to costs