guidelines give a certain amount of play in the joints to DPC
by providing that it need not be guided by the overall grading recorded ... mala fides or
arbitrariness, that the selection calls for interference. Where DPC has proceeded
in a fair, impartial and reasonable manner, by applying the same
Bharat Broadband Network Limited vs. United
Telecoms Limited and Perkins Eastman Architects DPC vs. HSCC (India)
Limited (which will be dealt with later ... participating in
the arbitration proceedings before the sole arbitrator.
9. Perkins Eastman Architects DPC vs. HSCC (India) Limited ; (2020) 20
SCC 760 relied
specified forum. In the facts of that case the Court
proceeded to reject the challenge to the award on the ground of composition ... Eastman Architects DPC (Supra).
A coordinate Bench in AP 348 of 2019 ( R. K. Associates and Hoteliers
Pvt. Ltd. Vs. Eastern Railway ) proceeded to appoint
Commission the
Chairman, KoPT referred the matter to R-DPC. The R-DPC held a meeting
on 20th April, 2017 and recommended that the private ... DPC. Out of the seven members
two members were common to the earlier DPC and the R-DPC. Out of the
two members who were
December 13, 2013. During the pendency of
the departmental proceedings, the Departmental Promotion
Committee (DPC) had recommended promotion to the appellant.
6
Such order ... been kept in abeyance due to the
pendency of the departmental proceedings. Departmental
proceedings had culminated into imposition of a minor penalty of
withholding increment
During the pendency of the disciplinary proceedings, there was a
Departmental Promotion process (DPC) in 2013 conducted by the
respondents for promotion from ... employee by the DPC.
10. In the instant case the petitioner was found entitled to promotion
subject to departmental proceedings.
11. Once a penalty albeit
However, such objection cannot be countenanced in
enforcement proceedings.
11. Learned counsel next relies on Birat Chandra Dagara v. Orissa
Manganese & Minerals Ltd. , reported ... appellants remained mute spectators and
only after losing the battle in arbitral proceedings preferred an appeal
under Section 34 , the same
Judge of a
superior court, and as such, she brings to the proceedings not only
complete independence and impartiality but also the highest level ... Projects
Ltd. reported as ( 2017) 8 SCC 377 and Perkins Eastman Architects
DPC & Anr. v. HSCC (I) Ltd. reported as (2019) SCC Online
between the
parties.
2. The factual matrix giving rise to the present proceedings is set out
hereinbelow.
3. The Award Debtor(s) had availed ... Award Holder, being a party interested in the outcome of the
arbitral proceedings, was itself rendered ineligible to appoint the Sole
Arbitrator in terms
between
the parties.
2. The factual matrix giving rise to the present proceedings is set out
hereinbelow.
3. The Award Debtor(s) had availed ... Award Holder, being a party interested in the outcome of the
arbitral proceedings, was itself rendered ineligible to appoint the Sole
Arbitrator in terms
