Supreme Court of India · 2010-11-25
UNION OF INDIA vs SUKESH KUMAR NAYAK
- Citation / case number
- SC 2004/7055
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- SUKESH KUMAR NAYAK
- Author
- Dalveer Bhandari
- Bench
- DALVEER BHANDARI,H.L. GOKHALE, , ,
Judgment text excerpt
The Supreme Court upheld the Central Administrative Tribunal's decision that the Cabinet Secretariat Order dated 23.08.2001 and the trifurcation orders of the Directorate General of Security (Secretarial) Service violated Articles 14 and 16 of the Constitution by not providing staff the opportunity to choose their organization. The Court emphasized that arbitrary allocation of staff without options is unconstitutional. Consequently, the Court directed the Union of India to allow incumbents to opt for their preferred service in a fair manner.