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Analysing the retrieved Case Laws
Scanned Judgements…!
The legal position established through various judgments confirms that UPSC cannot interfere in or influence departmental proceedings, which are governed by separate rules and quasi-judicial processes ["2026 Supreme(Online)(CAT) 299"], ["2025 Supreme(Online)(CAT) 9719"].
Analysis and Conclusion:
References:- ["2026 Supreme(Online)(CAT) 299"]- ["2023 0 Supreme(Del) 3202"]- ["2025 Supreme(Online)(CAT) 9719"]- ["2016 Supreme(Online)(CAT) 801"]
In the intricate world of Indian government service, questions often arise about the boundaries of institutional roles. A common query is: is only a recruitment agency it cannot interfere in . Is this accurate? This blog post delves into , precedents, and related cases to clarify 's limited mandate, helping government employees, aspirants, and administrators understand these distinctions.
Understanding these limits is crucial, as it affects , promotions, and . While plays a pivotal role in selections, courts have consistently ruled it stays out of internal departmental processes. Let's break it down.
The has firmly established that the () operates solely as a recruitment agency. It lacks authority to interfere in or direct by . This separation ensures that recruitment and discipline remain distinct functions. [
#UPSCLaw, #DepartmentalProceedings, #ServiceLaw
He has further submitted that departmental proceedings cannot proceed on the same charges as are contained in the criminal proceedings. ... One cannot depend on the other or for that matter one is not complemental to the other. The deposition of an Approver in a criminal case cannot be cited as evidence in a Departmental disciplinary case. ... The disciplinary authority acted with a closed mind, if not under influence from the investigating agency a....
Although the charges in a departmental proceedings are not required to be proved like a criminal trial i.e. beyond all reasonable doubts, we cannot lose sight of the fact that the enquiry officer performs a quasi- judicial function, who upon analysing the documents must arrive at a conclusion that ... The petitioner asserted that keeping the outcome of DPC in sealed cover after conclusion of Departmental Proceedings, was illegal and requested them to consider him for promotion w.e.f 2010-2011. ... As a....
agency, should have any such objection.” ... Reference may be made to UPSC v. Dr. ... In the rules, nowhere the expression "departmental candidates" has been defined. ... There is yet another reason not to interfere with the impugned order. ... We have already noticed that the UPSC advertisement (No.
Recruitment, Promotion and Morale of Services **** (a) the determination of the methods of recruitment and conditions of service of general application to Government servants in civil employment; and (b) the interpretation of the existing orders of general application relating to such recruitment or conditions of service." ... Such OMs cannot be compared with internal instructions issued by the Government to Collectors, for their consumption.
It is settled law that this Tribunal cannot act as an investigating agency to interfere in the executive action which is based upon detailed examination. ... From the report of the Committee, we find that the Committee has taken note of the profile of service in question, quota meant for departmental promotions and direct recruitment, amendments and as many as six meetings were conducted. The terms of reference of the Committee are reproduced hereunder:- “6. ... These are the total ....
(iii) Selection should be through a properly constituted agency including departmental authorities making recruitment directly. ... The rationale behind the OM of 1989 was explicitly mentioned to be that of drawing upon talent from non-government organizations by direct recruitment through a properly constituted agency or departmental authorities making recruitment directly. ... It is submitted that benefit of pay protection is available to the Government servants on....
Reference may be made to UPSC v. Dr. ... In the first instance, we may point out that as per the amended Recruitment Rules as also the advertisement issued by the petitioner, the age limit of 27 years is relaxable up to 45 years of age in respect of departmental candidates. ... If MCD has no objection for consideration of the case of these respondents on merits for appointment on regular basis, we see no reason why the petitioner which is but a recruitment agency, should have any such objection. 16. .....
Union of India 2013(7) Scale Page 417 has held as under :- 1995 (6) SCC 749 again has been pleased to observe that the scope of judicial review in disciplinary proceedings the Court/Tribunal are not competent and cannot appreciate the evidence. ... Committee and selected his own son Shri Vinay Soni as PA, Etawah Division in Direct recruitment. ... In disciplinary proceedings, the High Court is not and cannot act as a second court of first appeal. The High Court, in exercise of its powers under Article 2....
Reference may be made to UPSC v. Dr. ... If MCD has no objection for consideration of the case of these respondents on merits for appointment on regular basis, we see no reason why the petitioner which is but a recruitment agency, should have any such objection. ... In the first instance, we may point out that as per the amended Recruitment Rules as also the advertisement issued by the petitioner, the age limit of 27 years is relaxable up to 45 years of age in respect of departmental candi....
If MCD has no objection for consideration of the case of these respondents on merits for appointment on regular basis, we see no reason why the petitioner which is but a recruitment agency, should have any such objection. ... In the first instance, we may point out that as per the amended Recruitment Rules as also the advertisement issued by the petitioner, the age limit of 27 years is relaxable up to 45 years of age in respect of departmental candidates. ... Reference may be made to UPSC v. Dr. ... The....
It is, therefore, clear that the UPSC examination is part of the recruitment process. The question that arises in the present case is whether the issues involved herein can be regarded as relating to the examination conducted by the UPSC.
Union of India, 2000 (9) SCC 313, considered the scope of locus-standi in entertaining a challenge to disciplinary proceedings and held that a person, who is not connected with those proceedings cannot challenge any aspect of such departmental proceedings or action by filing a writ petition. A departmental proceedings is essentially a matter between the employer and the employee and a stranger cannot be said to have any interest in those proceedings.
Stay of departmental proceedings cannot be and should not be a matter of course. B.K. Meena, (1996) 6 SCC 417 and Kendriya Vidyalaya Sangathan vs. T. Srinivas, (2004) 7 SCC 442. Courts/tribunals should be very careful before granting stay in a disciplinary proceeding at an interlocutory stage. The question of prejudice must first be examined by the Disciplinary Authority after completion of inquiry and not by the High Court during the pendency of inquiry proceedings, for it is well settled that the advisability, desirability or propriety, as the case may be, in regard to a ....
Promotion policy of IACS is independent as per Bye-laws. The recruitment is also independent and is outside the aegis of UPSC. In fact, out of the 28 autonomous bodies of DST, 22 institutes are absolute autonomous bodies.
ii) Selection Board as provided in rule 8 of these rules in case of direct recruitment. 14. Circumstances in which UPSC is to be consulted in Making recruitment Not applicable.” Sub-Rule 12 states that the Motor Transport/Assistant Sub-Inspectors (Operations) with five years of service in the grade and having current driving license for heavy vehicles are eligible for promotion as Motor Transport/SI (Operations).
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