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Union Of India & Anr vs A.K. Narula on 18 May, 2007

9. The Supreme Court in Union of India & Anr. vs A.K. Narula AIR 2007 SC 2296, has observed that the DPC has to be given a certain amount of play in the joints and need not be guided by the overall grading recorded in the confidential reports. They must make their own assessment on the basis of entries made in the ACR. The assessment and performance of each candidate has to be made separately. If the DPC has proceeded in a fair, impartial and reasonable manner by applying the same standards and norms to all candidates, the court would not interfere for there is no arbitrariness. In the said case the review DPC had decided not to change the grading of the Respondent from 'good' to 'very good' and had held that the grading should continue to remain as 'good'. The said finding was upheld in the absence of any allegation of malafide or bias against the DPC. It was not shown that there was arbitrariness in the said assessment.
Supreme Court of India Cites 2 - Cited by 53 - R V Raveendran - Full Document

Union Of India & Anr vs Hemraj Singh Chauhan & Ors on 23 March, 2010

11. The petitioner has referred to a decision of the Supreme Court in Union of India & Anr. vs Hemraj Singh Chauhan & Ors. (2010) 4 SCC 290. The decision holds that eligible employees have a right W.P.(C) 8403/2014 Page 10 of 11 to be considered for promotion, as a part of the rights under Article 16 of the Constitution. The said Article guarantees a fair consideration in the matter of promotion and this right also flows from the guarantee of equality under Article 14 of the Constitution. Right to consideration for promotion cannot be equated with a claim or right to promotion. The said decision, we do not think, will help the petitioner in the facts of the present case. The petitioner was certainly considered for promotion by the review DPC and for good and valid reasons was not found fit for promotion.
Supreme Court of India Cites 15 - Cited by 203 - Full Document
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