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april 2007

Supreme Court of India · 2007-04-18

UNION OF INDIA vs A.N. MOHANAN

Citation / case number
SC 2004/26709
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
A.N. MOHANAN
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT & D.K. JAIN

Judgment text excerpt

The Supreme Court upheld the Kerala High Court's dismissal of a writ petition challenging the Central Administrative Tribunal's order regarding promotion under the sealed cover procedure. The Court clarified that a penalty of censure does not bar promotion, as per the Office Memorandum dated 14.9.1992, specifically Rule 3.1, which allows for consideration of promotion despite pending disciplinary actions. The Court affirmed that the respondent was entitled to promotion effective from 1.11.1999, as the penalty did not affect the promotion process.

UNION OF INDIA vs A.N. MOHANAN · Niyam