UNION OF INDIA & ORS. versus SOMASUNDRAM VISWANATH & ORS.

Absence of a member of the Departmental Promotion Committee (other than the Chairman) does not vitiate proceedings when quorum is satisfied and the member was duly invited; Office Memorandum dated 30.12.1976 validly prescribes procedure where Rules are silent.

Parties: Appellant: Union of India; Respondent No. 1: Somasundram Viswanath; Respondent's Advocate: Ashok Singh; Respondent's Advocate: S.K. Agnihotri
Jurisdiction: India
Judgment Date: 22 September 1988
Procedural Posture: Civil Appeal / Appeal From Central Administrative Tribunal Order
Outcome: Decision of Tribunal set aside; case remanded for fresh consideration.
Legal Topics: Departmental Promotion Committee, Procedural Validity, Civil Services Promotions

Constitutional Law Administrative Law Service Law Departmental Promotion Committee Procedural Validity Civil Services Promotions

Case Brief

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Full judgment text Legal principles 2 Authorities cited 3 Party arguments 2

Parties

Union of India

Appellant

Somasundram Viswanath

Respondent No. 1

Ashok Singh

Respondent's Advocate

S.K. Agnihotri

Respondent's Advocate

Procedural Posture

Civil Appeal / Appeal From Central Administrative Tribunal Order

Legal Issues

1 Whether absence of a member at DPC vitiates proceedings
2 Relationship between executive instructions and statutory rules under Art. 309

Ratio Decidendi

Court Disposition

Decision of Tribunal set aside; case remanded for fresh consideration.

Orders

Tribunal directed to decide case within three months of receiving copy of Supreme Court order
No order as to costs