MAJOR GENERAL IPS DEWAN versus UNION OF INDIA AND ORS.

MAJOR GENERAL IPS DEWAN versus UNION OF INDIA AND ORS.

Non-selection for promotion based on overall assessment including adverse remarks, not solely on the remarks, does not violate principles of natural justice or promotion procedure; adverse remarks without formal enquiry are permissible unless rules provide otherwise; Selection Board need not record reasons unless rules require; principle of 'severe displeasure' under Memorandum does not apply to the remarks here.

Parties
Appellant: Major General IPS Dewan; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
07 March 1995
Procedural Posture
Civil Appeal / Final Supreme Court Judgment
Outcome
appeal dismissed
Legal Topics
Promotion, Adverse Remarks, Natural Justice, Selection Board, Court of Inquiry
Service Law Promotion Adverse Remarks Natural Justice Selection Board Court of Inquiry

Case Brief

Summary, issues, holding and outcome

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Parties

Major General IPS Dewan

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Supreme Court Judgment

Legal Issues

  1. 1 Whether adverse remarks made without following procedure amount to 'severe displeasure' requiring show cause notice under Memorandum dated 5th January 1989
  2. 2 Whether statutory complaint against adverse remarks should have been disposed of before promotion consideration
  3. 3 Whether Selection Board's non-selection without recording reasons is valid

Ratio Decidendi

Non-selection for promotion based on overall assessment including adverse remarks, not solely on the remarks, does not violate principles of natural justice or promotion procedure; adverse remarks without formal enquiry are permissible unless rules provide otherwise; Selection Board need not record reasons unless rules require; principle of 'severe displeasure' under Memorandum does not apply to the remarks here.

Court Disposition

appeal dismissed

Orders

  • appeal dismissed without costs