Civil/ Police
Service the Committee shall record its reasons for the
proposed supersession."
The respondents have been members of the U.P. Civil
(Executive ... mandatory duty upon it to record its
reasons for the proposed supersession (ii) that seniority
should be the dominant factor for making selection for
inclusion
ered in an objective manner--Non-selection of
seniors--Whether amounts to supersession-Whether Selection
Committee/State Government required to give reasons for
non-selection ... seniors--Non-recording of reasons for
supersession--Select List--Validity of--Whether Promotion
Regulations 3, 5 and 7 ultra vires Recruitment Rule 8(1).
Services
under regulation
5 of the Regulations, the Selection Committee recommended
his supersession, along with some others, on the ground that
the Committee considered that ... Selection Committee's failure to specify the reasons for his
supersession, in contravention of the Regulations, rendered
the list non est. This plea
Civil/Police Service the Committee shall record its reasons for the proposed supersession.
4. Now, under Regulation 4(1) it is the duty ... list and the reasons as recorded by the Committee for the proposed supersession by any member of the State Civil/Police Service and the observation
senior most Deputy Registrar. The
representations made by the petitioner against her
supersession were also rejected. However, the
petitioner, while her representations were rejected ... treated as
having joined the post of Joint Registrar and whether
her supersession was valid.
3. We may note that learned counsel for the petitioner
does not require the Committee to record reasons for such supersession. The new amended Regulation emphasised that the merit and suitability was the governing consideration ... service in preference to his senior does not really amount to supersession. If promotion is made on merit alone, the senior officer
only under Section 11 of the SEBI Act since it is effectively supersession of the governing body of a recognised Stock Exchange ... been taken under Section 11 of SEBI Act which alone provides for supersession. In view thereof, when Section 11 provides for a hearing
charges or its misdemeanour which warranted an occasion for its supersession. This is implied that the Board had an occasion to offer an explanation ... resist this supersession or offer its defence and thereafter the 'Provincial Government' was obliged to consider the merits and the contents
amendment by Act No. 5 of 2007 reads as follows:
12-A. Supersession of nominated Committees-
On and from the commencement of the Punjab Agricultural ... every Committee, shall cease to hold office;
(c) during the period of supersession of the Committees, all powers and duties conferred and imposed upon
incumbent upon the committee to record reasons for the proposed supersession of any member of the State Police Service.
8. Learned counsel for the petitioners ... contended that though reasons for supersession need not be stated by the committee in all fairness and propriety, it is really necessary to state
