STATE OF RAJASTHAN versus SRIRAM VERMA AND ANR

STATE OF RAJASTHAN versus SRIRAM VERMA AND ANR

Departmental Promotion Committee is not under an obligation to record reasons for promoting a junior over a senior under Rajasthan Administrative Service Rules, 1954 unless expressly required by the rules; however, a fair process is desirable, and the government may provide for grading or recording reasons prospectively by amendment or instruction.

Parties
Appellant: State of Rajasthan; Respondent: Sriram Verma; Respondent: Ashok Kumar Sanvaria
Jurisdiction
India
Judgment Date
29 October 1996
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Promotion, Seniority Cum Merit, Departmental Promotion Committee, Recording of Reasons
Service Law Promotion Seniority Cum Merit Departmental Promotion Committee Recording of Reasons

Case Brief

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Parties

State of Rajasthan

Appellant

Sriram Verma

Respondent

Ashok Kumar Sanvaria

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Departmental Promotion Committee is obliged to record reasons for promoting a junior over a senior under Rajasthan Administrative Service Rules, 1954

Ratio Decidendi

Departmental Promotion Committee is not under an obligation to record reasons for promoting a junior over a senior under Rajasthan Administrative Service Rules, 1954 unless expressly required by the rules; however, a fair process is desirable, and the government may provide for grading or recording reasons prospectively by amendment or instruction.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court and Rajasthan Civil Service Appellate Tribunal set aside
  • This order shall not affect the first and second respondent