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.