DELHI JAL BOARD versus MAHINDER SINGH

DELHI JAL BOARD versus MAHINDER SINGH

Once disciplinary inquiry ends in favour of the employee and the Departmental Promotion Committee had previously found him fit for promotion, the benefit of that assessment must be given, even if a subsequent inquiry is initiated before the sealed cover is opened; the right to be considered for promotion under Article 16 of the Constitution must be enforced and prior Supreme Court judgments reaffirm this principle.

Parties
Petitioner: Delhi Jal Board; Respondent: Mahinder Singh
Jurisdiction
India
Judgment Date
01 September 2000
Procedural Posture
Special Leave Petition (c) No. 11726 of 2000 / Final Disposition by Supreme Court
Outcome
Petition dismissed
Legal Topics
Promotion, Sealed Cover Procedure, Departmental Inquiry, Fundamental Rights Under Article 16
Constitutional Law Service Law Promotion Sealed Cover Procedure Departmental Inquiry Fundamental Rights Under Article 16

Case Brief

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Parties

Delhi Jal Board

Petitioner

Mahinder Singh

Respondent

Procedural Posture

Special Leave Petition (c) No. 11726 of 2000 / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether an employee is entitled to the benefit of promotion as recommended by the Departmental Promotion Committee if exonerated in a disciplinary inquiry, despite the pendency of subsequent inquiries
  2. 2 Whether findings of the Departmental Promotion Committee kept in sealed cover can be given effect after exoneration in inquiry

Ratio Decidendi

Once disciplinary inquiry ends in favour of the employee and the Departmental Promotion Committee had previously found him fit for promotion, the benefit of that assessment must be given, even if a subsequent inquiry is initiated before the sealed cover is opened; the right to be considered for promotion under Article 16 of the Constitution must be enforced and prior Supreme Court judgments reaffirm this principle.

Court Disposition

Petition dismissed

Orders

  • Special Leave Petition dismissed; no remand to High Court