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1981 Supreme(SC) 99
SUPREME COURT OF INDIA
A.D. KOSHAL AND V.B. ERADI, JJ.
Wing Commander, J. Kumar Petitioner
Versus
Union of India and others, Respondents.
Civil Misc. Petition No. 3384 of 1981 in Civil Appeal No.1742 of 1980, D/-18-2-1981.
Constitution of India, Art.226 - Bias - Constitution of Departmental Selection Board 2010 for recommending promotion - Minimum number of members required to form Board not prescribed - Appeal filed by petitioner against two members of Board, pending in SC - Petition for restraining such members from taking part in proceedings of Board can be allowed - Proceedings of Board would not be invalidated merely because of deletion of such members.
Civil Services - Promotion;
Administrative law - Bias. (Para 1)
Headnote:Constitution of India, Art.226 - Bias - Constitution of Departmental Selection Board 2010 for recommending promotion - Minimum number of members required to form Board not prescribed - Appeal filed by petitioner against two members of Board, pending in SC - Petition for restraining such members from taking part in proceedings of Board can be allowed - Proceedings of Board would not be invalidated merely because of deletion of such members.
Civil Services - Promotion;
Administrative law - Bias. (Para 1)
Judgment
ORDER:- The main grouse of the petitioner whom we have heard in person is that respondents 4 and 5, against whom the appeal is mainly directed, are members of the Selection Board which is meeting tomorrow and which is to interview him, We are told by learned Counsel for the Union of India that no minimum number of members is required to form the Board and that even if couple of members out of the strength of present nine stay away the proceedings of the Board would not be invalidated. In the circumstances we direct that respondents 4 and 5 shall not take part in the proceedings of the Board at its meeting to be held tomorrow and the day after in so far as selection for promotions to the posts of Group Captains are concerned. Except for this no relief is granted to the petitioner. The order made by this Court on the 28th Oct., 1980 shall remain valid and binding.
Order accordingly.
For Citation : AIR 1981 SC 2009 (3)
