VidhiSangh

Supreme Court of India · 01/08/2018

UNION OF INDIA THROUGH ITS SECRETARY & ORS. versus MAJ. GEN. MANOMOY GANGULY

[2018] 9 S.C.R. 381 · 2018 INSC 668

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Summary

The Supreme Court held that appointment as DGMS (Army) required assessment of inter se seniority and suitability, rather than treating seniority as decisive. Nevertheless, the actual process unfairly excluded the senior-most eligible officer without a proper comparative assessment. The competing appointment remained quashed, but the Tribunal’s direction to appoint the respondent outright was replaced by reconsideration by the Raksha Mantri.

Issues

  1. How the circular’s criterion of inter se seniority and suitability governed appointment as DGMS (Army).
  2. Whether the actual assessment and the Tribunal’s direction for immediate appointment could stand.

Provisions considered

Held

Result

Appeal partly allowed. Quashing of Lt. General Sanjiv Chopra’s appointment sustained; direction appointing the respondent set aside. Matter remitted to the Raksha Mantri for fresh consideration.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 381.