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1 - 7 of 7 (0.49 seconds)Article 14 in Constitution of India [Constitution]
Coal India Ltd. & Ors vs Saroj Kumar Mishra on 17 April, 2007
In Coal India Ltd. v. Saroj Kumar Mishra (AIR 2007 SC 1706), while upholding that the right of promotion flows from Article 16 of the Constitution of India, the Supreme Court has held that withholding of such promotion shall be only on the basis of valid rules. The relevant portion of the judgment is as follows:
C.O. Arumugam And Ors. vs State Of Tamil Nadu And Ors. on 5 October, 1989
In C.O.Arumugam v. State of T.N. (1991 Supp (2) SCC 199), while holding that the right to promotion flows from the fundamental rights under Articles 14 and 16(1) of the Constitution of India, it was further held that pending criminal case promotion can be deferred and after acquittal, if found suitable, such Government servant should be given promotion with retrospective effect from the date on which his junior has been promoted. The relevant portion of the judgment is as follows:
Delhi Jal Board vs Mahinder Singh on 1 September, 2000
14. As correctly submitted by Mr.K.Venkatramani, learned senior counsel for the petitioner, a similar issue was considered by the Supreme Court in Delhi Jal Board v. Mahinder Singh [(2000)7 SCC 210], wherein the Supreme Court held that when the first enquiry of disciplinary proceedings ended in favour of the Government servant, and by the time when the sealed cover was opened to give effect to it, another departmental enquiry started by the department would not come in the way of giving benefit to the Government servant to consider for promotion in the anterior selection. The Supreme Court in that case has held as follows:
Article 226 in Constitution of India [Constitution]
Article 12 in Constitution of India [Constitution]
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