LexR.S DASS ETC. ETC. versus UNION OF INDIA & ORS.
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:>·· R.S DASS ETC. ETC. v. UNION OF INDIA & ORS., DECEMBER 11, 1986 A [SABYASACHI MUKHARJI AND K.N. SINGH, JL] B Constitution of India, 1950-Arts. 14 and 16-Members of State Civil Service (Executive)-Promotion to Indian Admfnistrative Service-Selection-Merit sole ,basis-Seniority-Whether confers any legal right on a Government servant for promotion-Whether such right protected by Arts. 14 and 16-Eligible officers considered on merit in C an .objective manner-Non-selection of senior&--Whether amounts to supersession-Whether Selection CommJltee required to record reasons fo; non-selection of seniors-Whether non_recording of reasons under amended Regulation 5(4) and (5) of /AS (Appointment by Promotion) Regulations 1955 violative of Arts. 14 and_l6. D Natural Justice-Civil Service-Promotion-Selection on Merit a/one-Eligible officers considered on merit in an objective manner- Seniors not selected-Seniority-Whether confers any legal right on a Government Servant-Whether ·opportunity required to be given to the superseded officer for making representation-Rules of natural justice-- Application of-Depends upon· the setting and the background of statu- E tory provisions, nature of the right affected and the consequences which may entail. Civil Service-Indian Administrative Service (Appointment by Promotion) Regulation, 1955 Regulations 3, 5(4), (5) .& (7), 6 and 8. and Indian Administrative Service (Recruitment) Rules, 1954---Rules 4 F and 8(i}-Members of Punjab State Civil Service (Executive)- Promotion to Indian Administrative Service-Selection-Merit alone to be considered-Seniority-Whether confers any legal right on a Government Servant for Promotion-Whether such right protected by Arts. 14 and 16-Eligible officers to be considered in an .objective manner-Non-selection of seniors-Whether amounts to superses- G sion-Whether Selection Committee/State Government required to give reasons for non-selectjon of seniors~ Non-recording of reasons for supersession-Select List-Validity of-Whether Promotion Regula- tions 3, 5 and 7 ultra vir.es Recruitment Rule 8(1). Services-Categorisation of eligible officers as 'Outstanding'; H 527 528 SUPREME COURT REPORTS (1987] 1 S.C.R. A 'Very Good', 'Good' and 'Unfit' for pwposes of Promotion-Basis of categorisation should be objective and not merely subjective evalua- tion-Service record-Character roll entries-Importance of. AdminiStrative action-Power-Vested in a high authority- Whether sufficient safeguard against arbitrariness and misuse of B power-Presumption-Whether power would be exercised reasona- bly-Judicial.review-Scope- of Delay in forwarding comments to Public Service Commission by State Government-Whether constitutes malafides. The Central Government under s. 3 of the All India Services Act, C 1951 framed Indian Administrative Serl'ice (Recruitment) Rules, 1954. According to Rule 4 recruitment to the Indian Admioistrative Service is made by: (i) direct recruitment throug!ll competitive examination; (ii) promotion ofsubstantive members of the State Civil Service (Executive) and (iii) selection from amongst persons holding posts in substantive capacity in connection with the affairs of the State, who may not be D members of the. State Civil Service. Under Rule 8(1) the Central Governmen_t framed the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 laying down procedure for selection for appointment to the service by promotion. Regulation 3 provides for the Constitution of' a Selection Committiee. Regulation 5 provides that the Committee shall prepare the list of imch members of the State Civil E Service found suitable for promotion to the service on an over all rela- tive assessments of the service. The State Government shall forward this list to the Union Public Service Commission along with the records of the selected members as well as of tl1ose proposed to be superseded together with the Observations Of the S·tate Government. OD tJlle recom- mendation of the Committee· for com;ideration !Jf the Union Public F Service Commission and the list so approved shall form the Select List of the members of State Civil Service and shall be io force until a fresh list is prepared and approved for the sul>Sequent year. Regulation 8 lays down that the appointment shall be made by the Central Government on the recommendations of the State Government in the order in which the names of members o
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