In Brief
Debajit Das was promoted to Executive Engineer against an ex-cadre post created solely for him in 2005 while he was on deputation as OSD to the Chief Minister. Within three years, he was encadred, violating the five-year minimum service requirement. He was then promoted as Superintending Engineer to the 13th position based on inflated vacancy numbers (13 instead of 10). Appellants challenged this nearly a decade later. The Single Judge found the promotion illegal and fraudulent; the Division Bench affirmed the findings but dismissed the appeal citing delay and laches. The Supreme Court reversed the Division Bench, holding that fraud cannot be saved by delay when there is reasonable explanation (Government-ordered inquiry) and systematic manipulation of rules is established. Appeal allowed; Single Judge's order restored.
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