THE STATE OF BIHAR AND ORS V. BATESHWAR SHARMA INSC 294

Summary of State of Bihar and Ors V. Bateshwar Sharma

Facts: The Respondent was a temporary superintending engineer and sought regular promotion from the post of executive engineer to superintending engineer. While serving as a Superintending Engineer temporarily, the respondent faced several disciplinary proceedings related to alleged misconduct, particularly concerning financial transactions. A Departmental Promotion Committee was set up by the Government to evaluate the respondent for promotion to Superintending engineer on a regular basis. The DPC found the respondent unfit for promotion up to January 16, 1994. In an appeal by the respondent, the Patna High Court directed that he be promoted from January 17, 1989 with all benefits.

Issue: 1.) Whether the DPC was competent enough for deeming the respondent to be unfit for promotion.

Holding: The Supreme Court kept aside the order of the High Court and directed the Government to constitute the Departmental Promotion Committee so that it could consider the case of the respondent in accordance with the rules on merits and then give appropriate direction in accordance thereby to the government and therefore allowed the appeal.

Rationale: The Supreme Court was of the opinion that the DPC is the competent authority to assess and determine the merit of an employee for their promotion based on review of relevant data. Courts cannot interfere in the DPC's conclusion unless there is evidence of malpractice or any other form of injustice. They held that the DPC's conclusion is binding unless it was overturned on valid grounds which is not the case here. They deemed the High Court's order to be unjustified because it contradicted the DPC's conclusion on no valid grounds. They stressed on the judiciary not involving themselves in administrative decision unless there is evidence of malpractice, therefore the Supreme Court ordered for a fresh DPC evaluation, thereby allowing the appeal.