VidhiSangh

Supreme Court of India · 04/10/2017

MOHAMMED FAIZAL K.A. versus D. SALI AND ORS.

[2017] 14 S.C.R. 232 · 2017 INSC 1000

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Summary

A police officer challenged judgments that retrospectively promoted another officer ahead of him. The Court held that a 1997 increment-bar punishment could be considered because its operation overlapped the relevant 1998–2000 check period. The appellant had standing as his seniority was directly affected. The earlier governmental decision was restored and consequential promotion and seniority orders required revision.

Issues

  1. Whether an officer affected in seniority could challenge another officer’s retrospective promotion despite ineligibility for the earlier select list.
  2. Whether punishment imposed before the check period could be considered when it operated during that period.
  3. What consequential promotion corrections followed.

Held

Result

Appeals allowed without costs; Division Bench and 2010 Single Judge judgments set aside, November 2004 government order restored, and consequential orders effaced. Authorities to revise promotion and seniority from 14 January 2005 and higher-post eligibility within three months.

Judgment PDF: Supreme Court of India, [2017] 14 S.C.R. 232.