Case Note & Summary
The dispute arose from the promotion process for the post of Superintending Mining Engineer in 1996-97, where two vacancies were to be filled based on merit. Arvind Kumar Saxena was appointed to one vacancy, while the other was filled by Mohd. Hussain. Brij Raj Kishore Ranga and Arun Kumar Kothari challenged the appointment of Mohd. Hussain before the Rajasthan Civil Services Appellate Tribunal. The Tribunal allowed Kothari's appeal, directing a Review DPC for his promotion consideration. Ranga also filed an appeal, which led to a series of legal proceedings, including a writ petition in the Rajasthan High Court. The High Court ultimately favored Ranga, allowing his appeal and directing the Review DPC to consider both candidates. Kothari contended that he was not given a fair opportunity to present his case, which the Supreme Court acknowledged. The court emphasized the need for both candidates to be heard properly, especially since the original appointee had retired. The Supreme Court set aside the previous judgments and remitted the matter back to the Tribunal for a fresh hearing, ensuring that Kothari could file a counter affidavit and be heard adequately. The contempt petition related to this case was dismissed as not pressed.
Headnote
A) Administrative Law - Promotion Process - Adequate Opportunity - Not provided to rival candidates - Not mentioned - The court found that the Tribunal did not adequately consider the contentions raised by Arun Kumar Kothari, leading to a lack of fair opportunity in the promotion process. The court directed that both candidates be given a proper chance to present their cases before the Tribunal. Held that the appeal should be remitted for a fresh hearing (Paras 1-3).
Issue of Consideration
Whether adequate opportunity was given to the rival candidates to present their cases before the Tribunal regarding promotion to the post of Superintending Mining Engineer.
Final Decision
The Supreme Court set aside the judgments of the Division Bench, the learned Single Judge, and the Tribunal, remitting the appeal back to the Rajasthan Civil Services Appellate Tribunal for a fresh hearing. The court directed that Kothari be allowed to file a counter affidavit and be given an adequate opportunity to present his case.
Law Points
- Departmental Promotion Committee
- Annual Performance Appraisal Report
- Review DPC
- Writ Petition
- Jurisdiction of Tribunal
