Real judgements, distilled

Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Service & Administrative LawSupreme Court of India

Union of India through its Secretary v. Maj. Gen. Manomoy Ganguly

Civil Appeal · 2018 INSC 668Decided 1 Aug 2018
Civil Appeal No. 5800 of 2018
Justice A.K. Sikri · Justice Ashok Bhushan

Background

The respondent, an Army Medical Corps officer who rose to the rank of Lieutenant General, was repeatedly denied empanelment for promotion to the rank of Lt. General by Special Promotion/Review Boards, leading him to file multiple statutory complaints and applications before the Armed Forces Tribunal (AFT) alleging he had been unfairly marked down. The AFT ultimately ruled in his favour, found he had been wrongly given lower marks, and when the post of Director General Medical Services (Army) (DGMS (Army)) fell vacant, directed the Union of India to appoint him to that post directly rather than appointing a rival officer, Lt. Gen. Sanjiv Chopra, who had instead been appointed on the basis of his experience at Integrated Headquarters of the Ministry of Defence (IHQ of MoD). The Union of India appealed the AFT's judgment to the Supreme Court.

Decision Breakdown

The Supreme Court agreed with the AFT's conclusion that the appointment of Lt. Gen. Sanjiv Chopra to the post of DGMS (Army) was not based on a fair and objective application of the inter-se seniority and suitability criteria, noting that IHQ experience was not a mandatory prerequisite for the post and that the respondent's equivalent administrative experience in Southern Command had been unfairly discounted, and accordingly quashed that appointment. However, the Court held that the AFT's further direction that the respondent be straightaway appointed to the post was improper, since the Court itself had not fully endorsed the AFT's seniority-based reasoning; instead, it set aside that specific direction and remitted the actual appointment decision to the Raksha Mantri (Defence Minister) for a fresh, dispassionate and objective decision, directing this be done within about a week given the post's prolonged vacancy.

Lesson Learnt

Even where a court or tribunal finds that a particular appointment process was flawed and quashes it, that does not automatically entitle the aggrieved candidate to be appointed in the rival's place: the appropriate remedy is often to send the appointment decision back to the competent authority to be made afresh, fairly and objectively, rather than for the court to effectively make the appointment itself.

Union of India through its Secretary v. Maj. Gen. Manomoy Ganguly – Legal Case Shots | LegalAware