Supreme Court · 2013 INSC 166 · Decided 15 March 2013
Union of India & ORS. v. Anil Kumar Sarkar
- Court
- Supreme Court of India
- Citation
- 2013 INSC 166 · [2013] 2 S.C.R. 396
- Case number
- CIVIL APPEAL No. 2537/2013
- Decided
- 15 March 2013
- Bench
- P. SATHASIVAM, J.S. KHEHAR (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
SERVICE LAW· c Promotion - Sealed cover procedure - Recommendation of DPC for promotion of respondent not given effect to on the ground that subsequently memorandum of charges were issued to him - Held: When respondent's batch mates were promoted, admittedly, on that date he was not under 0 upon him nor was he facing any criminal prosecution - In such circumstances, in terms of paragraph 2 of O.M. dt. 24.09.1992, recommendation of DPC has to be honored and there is no question of applying 'sealed cover process' - Government of E India, Ministry of Personnel, Public Grievances and
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