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2003 Supreme(Gau) 232

D.BISWAS, AFTAB H.SAIKIA
Heman Bihari Singh – Appellant
Versus
State of Manipur – Respondent


Advocates Appeared:
S.Nepolean Singh, Kh.Nimaichand Singh, Ashok Potsangbam

D. BISWAS, J.—

Heard Mr. Ashok Potsangbam, learned senior counsel for the appellant and also Mr. Kh. Nemaichand Singh, learned State counsel.

2. The appellant herein as writ petitioner filed W.P.(C) No. 548 of 2000 praying for appropriate directions for review of the D.P.C. proceedings held on 20.12,99 (Annexure-X/10) with other consequential reliefs. The appellant along with seven other officers were promoted to the post of Superintending Engineer (Electrical on the basis of the recommendation of the D.P.C. held on 20.12.99 under the auspices of the Manipur Public Service Commission. The appellant, despite promotion, was aggrieved as he was placed below the respondent Nos. 6,7,8 and 9 in order of merit.

3. The learned Single Judge dismissed the writ petition primarily on the ground that the respondent authority had made their own assessment, which cannot be termed as arbitrary and discriminatory and the court in judicial review is not permitted to act as a Court of appeal.

4. Mr. Potsangbam, learned senior counsel argued that the D.P.C. fell in error in the process of assessment of merit by following a method not permissible under the Rules. There is no dispute that the D.P.C. followe


















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