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In Judicial Review Proceedings, Courts Are Concerned With Decision-Making Process And Not The Decision Itself: Supreme Court

LIVELAW NEWS NETWORK
19 Jan 2022 11:34 AM GMT
In Judicial Review Proceedings, Courts Are Concerned With Decision-Making Process And Not The Decision Itself: Supreme Court
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In judicial review proceedings, the Courts are concerned with the decision-making process and not the decision itself, the Supreme Court observed in a judgment today.In this case, the appellant, a head constable, had approached the High Court seeking retrospective promotion with effect from 21.01.2004. His grievance was that he should have been promoted in the year 2004 itself and that the...

In judicial review proceedings, the Courts are concerned with the decision-making process and not the decision itself, the Supreme Court observed in a judgment today.

In this case, the appellant, a head constable, had approached the High Court seeking retrospective promotion with effect from 21.01.2004. His grievance was that he should have been promoted in the year 2004 itself and that the delay in appointing him in 2008 is illegal and arbitrary. The Single Judge dismissed the petition on the ground that selection is not a matter of right. Writ appeal was also dismissed by the Division Bench.

In appeal, it was contended that the Inspector General of Police (IG) has no power to interfere with the recommendation of the Superintendent of Police (SP). That when the SP has forwarded the decision of the Departmental Promotion Committee (DPC), the IG does not act as the appellate authority and cannot substitute his decision to that of the DP.

The Apex Court bench comprising Justices KM Joseph and PS Narasimha noted that the matters relating to the promotion of Constables to the rank of Head Constables are governed under the Punjab police Rules, 1934 as applicable in the State of Haryana. Referring to the provisions therein, the bench said that the recommendation of the DPC does not give any indefinite right to be appointed as Head Constable.

"The Single Judge as well as the Division Bench for good reasons refrained from going into the individual comparative merit. In judicial review proceedings, the Courts are concerned with the decision-making process and not the decision itself. We are of the opinion that there is no illegality or arbitrariness in the process of selection and for the reasons stated above we are not inclined to interfere with the judgment of the High Court.", the court said while dismissing the appeal.

Case name

Sushil Kumar vs State of Haryana

Citation

2022 LiveLaw (SC) 64

Case no./Date

CA 401 OF 2022 | 19 Jan 2022

Coram

Justices KM Joseph and PS Narasimha

Counsel

Adv Surender Kumar Gupta for appellant, AAG Raj Singh Rana for state

Click here to Read/Download Judgment



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