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march 2013

Supreme Court of India · 2013-03-15

UNION OF INDIA vs ANIL KUMAR SARKAR

Citation / case number
SC 2010/40054
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
ANIL KUMAR SARKAR
Author
P. Sathasivam
Bench
JAGDISH SINGH KHEHAR P. SATHASIVAM

Judgment text excerpt

The Supreme Court overturned the Gauhati High Court's decision which had set aside the Central Administrative Tribunal's order regarding Anil Kumar Sarkar's promotion. The Court held that the promotion process was valid despite pending criminal charges against Sarkar under Section 120B/420 IPC and Section 13(1)(d) of the Prevention of Corruption Act, 1988. The Court emphasized that the mere existence of charges does not automatically preclude promotion, and the decision of the Departmental Promotion Committee must be respected unless proven arbitrary or unjustified.

UNION OF INDIA vs ANIL KUMAR SARKAR · Niyam