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2017 Supreme(SC) 971

DIPAK MISRA, A. M. KHANWILKAR
Mohammed Faizal K. A. – Appellant
Versus
D. Sali – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points:

  • Locus Standi: An individual who is not a party to the original litigation but is affected or likely to be adversely affected by a decision is considered an aggrieved person and has the locus standi to challenge that direction under Article 226 of the Constitution of India (!) (!) (!) (!) .
  • Promotion Rules: Promotion cannot be granted in a specific year if the effect of a punishment transcends into the check period applicable for vacancies of that particular year (!) .
  • Effect of Punishment: A person awarded a major punishment (e.g., stoppage of increments) that has a cumulative effect or operates beyond the year of imposition can be considered ineligible for promotion against vacancies where the check period overlaps with the duration of that punishment (!) (!) (!) (!) .
  • Legal Precedent on Punishment: The Supreme Court has held that an employee found guilty of misconduct cannot be rewarded with promotion retrospectively; denying promotion when an employee is penalized is a necessary consequence of their conduct and not an illegal penalty (!) (!) .
  • High Court Error: The High Court erred in directing the Departmental Promotion Committee (DPC) to ignore a punishment awarded in 1997 which was still operative during the check period for 2001 promotions, misreading its own earlier judgment (!) (!) (!) .
  • Restoration of Orders: If a High Court direction is found to be untenable and affects an appellant's career prospects, the subsequent consequential orders passed by the competent authority based on that direction must be effaced as non-est (non-existent) and the original valid order restored (!) (!) (!) .
  • Seniority Impact: Decisions granting notional promotion dates and seniority to an officer, which push a previously promoted officer to a junior position, directly affect the latter's career prospects and justify a challenge (!) (!) (!) .
  • Year-to-Year Select Lists: The issue regarding the mandatory requirement of preparing select lists on a year-to-year basis was left open in this judgment (!) .

JUDGMENT :

A.M. Khanwilkar, J.

1. These appeals emanate from the common judgment and order dated 31st January, 2014 passed by the High Court of Kerala at Ernakulam in Writ Appeal Nos.953 of 2013 and 1019 of 2013 filed by the appellant. Writ Appeal No.953 of 2013 was filed against the judgment and order dated 23rd June, 2004 passed by the learned Single Judge in OP No.35398 of 2002, whereas Writ Appeal No.1019 of 2013 was filed against the judgment and order dated 8th April, 2010 passed by the learned Single Judge in Writ Petition (C) No.7801 of 2005.

2. The former writ petition (No.35398/2002) was filed by respondent No.1 challenging the government order dated 4th October, 2002, bearing No. G.O. (Rt) No.1972/2002/Home Thiruvananthapuram, issued under the signature of the Principal Secretary to Government of Kerala, Home (A) Department. The said order was passed in compliance of the direction given by the High Court in the earlier writ petition filed by respondent No.1 being OP No.6684 of 2001, challenging his non-inclusion in the select list for promotion to the post of Deputy Superintendent of Police for the years 2000 and 2001 prepared by the Departmental Promotion Committee (Higher

































































































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