O.P. GUPTA vs UNION OF INDIA & ORS.

The Supreme Court held that the order passed under FR 25 declaring the appellant unfit to cross the efficiency bar is subject to judicial review. It clarified that the stoppage of increment during departmental proceedings is not punitive, thus no hearing is required for the government servant. The Court allowed the appeal, emphasizing the need for fair treatment in administrative actions and the right to increments and interest on delayed pension payments under Article 226 of the Constitution.