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.