State of Bihar & Ors Vs. Bateshwar Sharma
 INSC 294 (14 March 1997)
RAMASWAMY, G.T. NANAVATI
O R D
E R Leave granted. We have heard learned counsel on both sides.
appeal, by special leave, arises from the judgment of the Division Bench of the
Patna High Court, passed on May 2, 1996 in
admitted facts are that while the respondents was working temporarily as
Superintending Engineer, several proceedings were initiated against him statedly
for his own misconduct in the matter of financial transactions etc. It is not
necessary to dilate upon all facts in detail. Suffice it to state that the
Departmental Promotion Committee (DPC), duly constituted by the Government, had
gone into the question whether the respondent was fit for promotion from the
post of Executive Engineer as Superintending Engineer on regular basis in the
proceedings dated 13.9.1995, the DPC found as under:
the Departmental Promotion Committee examined in its meeting all the relevant papers/documents
made available by the Department.
examination the Committee found the Officer proposed unfit for promotion upto
16.1.1994." In view of the above finding of fact by the competent
Committee, the question arises: whether the High Court could record finding
that the respondent could be deemed to have been promoted from January 17, 1989 with all consequential benefits.
The view taken by the High Court is palpably illegal for the reason that once
the DPC had found that the respondent was unfit for promotion upto that date,
the only course that requires to be adopted by the High Court was to remit the
matter to the Government for constitution of the DPC to consider his fitment
for promotion in later period.
that event, the DPC would go into the merits afresh and find out whether the
respondent would be fit for promotion.
would be found fit and recommendation is made in that behalf, the Government
would appoint him on regular basis and he would get seniority only from the
date of his promotion; and not from the earlier date when he was working on ad
hoc basis. we are not inclined to express any opinion on merits either way. The
D.P.C. is the only competent authority to decide on merits.
these circumstances, the order of the High Court stands set aside. The
Government is directed to constitute the D.P.C. which would consider the case
of the respondent in accordance with the rules on merits and then give
appropriate direction in accordance therewith to the Government. We direct the Government
to do the entire exercise within three months from the date of the receipt of
appeal is accordingly allowed. No Costs.
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