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march 1997

Supreme Court of India · 1997-03-14

STATE OF BIHAR AND OTHERS. vs BATESHWAR SHARMA.

Citation / case number
SC 1996/79304
Court
Supreme Court of India
Petitioner
STATE OF BIHAR AND OTHERS.
Respondent
BATESHWAR SHARMA.
Author
G.T. NANAVATI K. RAMASWAMY
Bench
G.T. NANAVATI K. RAMASWAMY

Judgment text excerpt

The Supreme Court set aside the Patna High Court's order that deemed the respondent promoted from January 17, 1989, despite the Departmental Promotion Committee (DPC) finding him unfit for promotion up to January 16, 1994. The Court held that the DPC is the competent authority to assess the respondent's fitness for promotion and directed the Government to reconstitute the DPC to evaluate the case on merits. The Court emphasized that seniority should only be granted from the date of actual promotion, not from an earlier ad hoc basis.

STATE OF BIHAR AND OTHERS. vs BATESHWAR SHARMA. · Niyam