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

The Supreme Court held that the absence of a member from the Departmental Promotion Committee (D.P.C.) invalidates its proceedings under the Indian Defence Accounts Service (Recruitment) Rules, 1958, as amended, which are framed under Article 309 of the Constitution of India. The Court emphasized that administrative instructions cannot override statutory rules. Consequently, the recommendations made by the D.P.C. were set aside, and a fresh D.P.C. was ordered to be convened for proper consideration of promotions.