VidhiSangh

Supreme Court of India · 23/10/2018

AJIT KR. BHUYAN AND OTHERS versus DEBAJIT DAS AND OTHERS

[2018] 13 S.C.R. 1012 · 2018 INSC 977

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Summary

The Supreme Court restored the Single Judge’s judgment invalidating the impugned promotion and encadrement. The record established manipulation of vacancies and promotion before completion of the required service, rather than a bona fide administrative error. Delay and laches could not protect the resulting favouritism and fraud, particularly where the representation and ensuing inquiry reasonably explained the delay. The Division Bench’s contrary judgment was set aside and all appeals allowed without costs.

Issues

  1. Whether the impugned promotion and encadrement complied with eligibility and vacancy requirements.
  2. Whether delay and laches justified preserving promotions obtained through the established manipulation.

Held

Result

Appeals allowed; Division Bench judgment dated 7 August 2015 set aside and Single Judge’s judgment restored. No order as to costs.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1012.