AMAR KANT CHOUDHARY versus STATE OF BIHAR & ORS.

AMAR KANT CHOUDHARY versus STATE OF BIHAR & ORS.

Decisions of the Selection Committee were vitiated by reliance on adverse remarks not communicated in time or subsequently expunged. Denial of promotion on this basis is contrary to principles of natural justice, and the case must be reconsidered excluding such invalid entries.

Parties
Appellant: Amar Kant Choudhary; Respondents: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
03 January 1984
Procedural Posture
Civil Appeal / Appeal by Special Leave From Dismissal at the Admission Stage of Writ Petition Under Article 226 of the Constitution by the Patna High Court
Outcome
Appeal allowed with costs.
Legal Topics
Promotion in Public Service, Natural Justice, Confidential Reports, Principles of Fair Procedure
Administrative Law Service Law Constitutional Law Promotion in Public Service Natural Justice Confidential Reports Principles of Fair Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Amar Kant Choudhary

Appellant

State of Bihar & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Dismissal at the Admission Stage of Writ Petition Under Article 226 of the Constitution by the Patna High Court

Legal Issues

  1. 1 Whether denial of promotion based on adverse confidential entries not communicated or subsequently expunged violates natural justice
  2. 2 Whether the decisions of the Selection Committee relying on such entries are valid

Ratio Decidendi

Decisions of the Selection Committee were vitiated by reliance on adverse remarks not communicated in time or subsequently expunged. Denial of promotion on this basis is contrary to principles of natural justice, and the case must be reconsidered excluding such invalid entries.

Court Disposition

Appeal allowed with costs.

Orders

  • Order of the Patna High Court dismissing the writ petition set aside.
  • Selection Committee to reconsider the appellant's case for promotion to the Indian Police Service Cadre of the State of Bihar as on December 22, 1976; if not selected then, to be considered as on March 12, 1981 or October 14, 1981, as appropriate.