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december 1996

Supreme Court of India · 1996-12-03

UNION OF INDIA vs U.D. DWIVEDI

Citation / case number
SC 1992/84679
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
U.D. DWIVEDI
Author
SUHAS C. SEN KULDIP SINGH
Bench
SUHAS C. SEN KULDIP SINGH

Judgment text excerpt

The Supreme Court held that the assessment conducted by the Recruitment and Assessment Centre (RAC) under the chairmanship of Professor S. Sampath was unconstitutional as it violated Article 319(c) of the Constitution of India, which prohibits certain former officials from holding employment under the Union or State Government. The Court upheld the Central Administrative Tribunal's decision that declared the assessment null and void, thereby affirming the Tribunal's jurisdiction in matters of promotion and assessment within the DRDO. The appeal by the Union of India was dismissed, reinforcing the principle that adherence to constitutional provisions is paramount in administrative assessments.

UNION OF INDIA vs U.D. DWIVEDI · Niyam